1 APPLN 3263.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 3263 OF 2010 Mr. Raghunath Suklal Mali. ... Applicant. V/s. Mrs. Savita Vijay Mahajan & Anr. ... Respondents. Mr. H.E. Palwe for the Applicant. Mrs. R.V. Newton, APP for the State. Mr. S.S. Kulkarni for Respondent 1. CORAM : K.U. CHANDIWAL, J. DATED : 22nd SEPTEMBER 2011. P.C. :- Heard learned Counsel for the Accused No.13 and Original Complainant extensively. 2. There are matrimonial discord between the Complainant, her husband Accused No.1 and other relatives. The complainant felt she was allured to marry Accused No.1 by dreams of foreign visit and all the appropriate physical position of Accused No.1 but she found, she was deceived. The Accused No.13 is co-brother of uncle of Accused No.1 reside separately. He may be a party to attending the marriage being in close relations. However, by that itself, he will not be responsible to answer the allegations of cheating 2 APPLN 3263.10.sxw as the Complainant desired. Sweeping allegations are made in paragraphs 44, 47 and 48 restricting to the assertions against the Accused No.13 - the Applicant in the present proceedings. Going by the complaint itself, no element of cheating is projected as against the Accused No.13 (Applicant), 3. The learned Additional Sessions Judge, while evaluating the documents in Revision Application No.220 of 2008 certainly committed mistake though he refers having read paragraphs 47 and 48 minutely. Paragraphs 47 and 48 indeed does not answer the confirmation required for primary impression in committing an offence by the Accused No.13 (Applicant). The issuance of process to the extent of Accused No.13 was uncalled for, warrants interference and hence, it is set aside. Criminal Application allowed to the extent of Accused No.13 (Applicant) Raghunath Mali. Observations made by this Court are to be restricted to the present application only. 4. Considering the narration in the complaint, age of the Complainant, the learned Judge seized with the complaint, shall endeavour to dispose of the same within a year without accommodating either the Complainant or the Accused. (K.U. CHANDIWAL,J.) 3 APPLN 3263.10.sxw