VIJAY S/O. GANGADHAR ROHAKLE AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

2026:BHC-AUG:41724


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                                                 (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                      926 CRIMINAL REVISION APPLICATION NO. 283 OF 2019

                           VIJAY S/O. GANGADHAR ROHAKLE AND ANR
                                           VERSUS
                             THE STATE OF MAHARASHTRA AND ANR
                                                 …..
                 Mr S. R. Sapkal, Advocate for Applicant
                 Ms B. B. Gunjal, APP for Respondent No.1/State
                 Mr Vidhan D. Khivesara, Advocate h/f Mr A. S. Bajaj, Advocate for
                 Respondent No.2
                                                 …..

                                          CORAM : SUSHIL M. GHODESWAR, J.

                                            DATE : 08th SEPTEMBER, 2026

                 P. C. :


                 1.          Heard Mr Sapkal, learned Advocate for the applicants,

                 learned APP Ms Gunjal for respondent No.1/State and learned

                 Advocate Mr Khivesara holding for Advocate Mr Bajaj for respondent

                 No.2.

                 2.          Mr Sapkal, learned Advocate for applicants submits that

                 the learned Judicial Magistrate First Class, Parner (JMFC) dismissed

                 Criminal Application No.144/2012, filed by respondent No.2/wife vide

                 order dated 06/01/2015. The said application was preferred under

                 Sections 12, 18(a)(b)(e), 20(1) and 22 of the Protection of Women

                 from Domestic Violence Act, 2005. In the said order, learned JMFC
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                                  (2)

observed that respondent/wife had admitted that there was no domestic

violence to her at the hands of applicants, and therefore, learned JMFC

proceeded to reject the said application by considering her evidence.


3.          Mr Sapkal then submits that, respondent/wife preferred

appeal challenging the aforesaid order before the learned Sessions

Court, Ahmednagar under Section 29 of the Protection of Women from

Domestic Violence Act, which came to be registered as Criminal

Appeal No.147/2016. He further points out that the applicant could

not be represented through anybody before the said Appellate Court

and the impugned order dated 06/08/2019 is passed behind his back,

thereby quashing and setting aside the order dated 06/01/2015, passed

by the learned JMFC, Parner. Vide the said impugned order dated

06/08/2019, the applicant No.1/husband was directed to pay

maintenance of Rs.5000/- p.m to respondent/wife.


4.          Mr Sapkal then submits that the learned Sessions Court

has not properly considered the scope of the provisions of Protection

of Women from Domestic Violence Act. Thus, according to him,

learned Sessions Court has committed a grave error in passing the

impugned order.     He, therefore, prays for allowing this revision

application by setting aside the impugned order.
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                                  (3)

5.           Per contra, Mr Khivesara, learned Advocate holding for

Advocate Mr Bajaj for respondent/wife strongly opposes this revision

application. He states that ground of not giving opportunity of hearing

by the Appellate Court to the applicant, cannot be considered, for the

reason that the applicant was served and he himself failed to appear

before the learned Sessions Court, and therefore, the impugned order

passed by the learned Sessions Court is correct and requires no

interference by this Court.


6.           After hearing the learned Advocates for the respective

parties, it is found that initially respondent/wife had filed proceedings

before the learned Judicial Magistrate First Class, Parner under the

provisions of Protection of Women from Domestic Violence Act. In

the said proceedings there was a specific issue came to be framed as

regards, as to whether there exists domestic violence to the

respondent/wife at the hands of applicant/husband. While recording

finding, the learned JMFC observed that, as the wife herself admitted

on various occasions that there was no ill-treatment to her at the hands

of applicants, after recording evidence, learned JMFC rejected the said

application. However, learned Sessions Court, without accepting the

said evidence, proceeded further to upset the finding of the learned

JMFC. The applicant or his Advocate could not appear before the
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                                     (4)

Sessions Court to submit their defence. Consequently, the applicant

was deprived of an opportunity of being heard before the learned

Sessions Court when the impugned order was passed. Hence, this

Court is of the opinion that this matter needs to be remanded back to

the learned Sessions Court for a fresh hearing. Hence, I pass the

following order:

                                    ORDER

      (I)    The revision application is partly allowed.

      (II)   The order dated 06/08/2019, passed by learned Additional

      Sessions Judge, Ahmednagar in Criminal Appeal No.147/2006 is

      hereby quashed and set aside. The matter is remanded back to

      the learned Additional Sessions Judge, Ahmednagar.

      (III) Learned Additional Sessions Court, Ahmednagar is

      directed to take fresh hearing on the appeal bearing Criminal

      Appeal No.147/2016 and to take decision on the same, within a

      period of three months, by affording reasonable opportunity of

      hearing to all the parties.

      (IV) Criminal Revision Application disposed of accordingly

      with no order as to costs.


                                       [SUSHIL M. GHODESWAR, J.]
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