1 20-42-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.42 OF 2011 Abhiji A. Sarkar & Others .. Petitioners. Vs. Ashmita Sarkar & Another .. Respondents. Mr. R.S.Kate, for Petitioners. Mr. J.P.Kharge, APP for the Respondent-State. CORAM : N.D.DESHPANDE,J. DATE : 4th FEBRUARY, 2011. P.C.: 1 The Petitioner impugned the proceedings being Criminal case no.26/misc/2010 pending before the Metropolitan Magistrate, 29th Court, Bhoiwada, Dadar, Mumbai under sections 12, 17, 18, 19 and 20 of the Protection of Women (Against Domestic Violence) Act. The Petitioner made certain averments and the grounds which were never taken by the Petitioner before the same court in the proceedings 2 20-42-11.sxw which are subject matter of this Petition. Liberty is given to state all these material facts and the authorities which the Petitioner relied on, now for the first time in this Petition, before the trial court where matter is sub-judiced. 2 The learned trial court or the forum under the said act, shall take into consideration all such submissions and the arguments and decide the same issue in accordance with law, after hearing both the sides. 3 Petition is disposed of in the above terms. (N.D.DESHPANDE, J.)