HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 134 OF 2008 CRIMINAL APPEAL NO. 134 OF 2008 CRIMINAL APPEAL NO. 134 OF 2008 Ramchandra Salunke ... Appellant Versus The State of Maharashtra & Ors. ... Respondents ALONG WITH ALONG WITH ALONG WITH CRIMINAL APPEAL NO. 135 OF 2008 CRIMINAL APPEAL NO. 135 OF 2008 CRIMINAL APPEAL NO. 135 OF 2008 Dilip Salunke ... Appellant Versus The State of Maharashtra and Ors.. Respondents Mr.K.S. Patil for the Appellants. Mr. F. Shaikh, A.P.P. for R. No. 2. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL,JJ. K.U.CHANDIWAL,JJ. K.U.CHANDIWAL,JJ. DATED: JUNE 03, 2008 DATED: JUNE 03, 2008 DATED: JUNE 03, 2008 P.C. P.C. P.C. . These two appeals are preferred under Section 340 of the Cr.P.C. by the respondent and his father against the wife/daugheter-in-law who had applied before the Family Court for maintenance of herself and for children. . The husband and and father-in-law had filed a complaint in the Family Court and sought an enquiry tobe made in terms of Section 340 of the Cr.P.C. The learned court dismissed the complaint for the reason set out therein. It is that order which is subject matter of the present appeal. . After considering the order and the reasons given in Para 6, in our opinion, the trial court misdirected itself in law. The court on a complaint being filed, must examine whether the case is made out for enquiry. The observation that because a witness makes a statement in the cross examination, a complaint cannot be filed, that would be totally contrary to law. Each case must be considered on its own merits. . The proceedings before the trial court were exparte. Against the order passed by the trial court an appeal was preferred before this court. This court has set aside the order and remanded the matter back to the trial court. In the light of the above, in our opinion, it would be premature to entertain the present complaint and consequently present appeals are dismissed. . No notice have been issued to Respondent No. 1. However, we make it clear that in the course of the trial, if any material comes, it is open to appellants herein, if they are entitled to in law, to file complaint and dismissal of this appeal will not stand in their way. . With the above observations, both appeals disposed off. (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)