1 29-revn-115-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL REVISION NO. 115 OF 2026 Vaishali Mangesh Kamble and others Versus Neeta W/o Shrikant Khadse and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.R.Deshpande, Advocate for the applicants. Shri A.R.Fule, Advocate for the non-applicants. CORAM : MEHROZ K. PATHAN, J. DATED : 17th AUGUST, 2026. The applicants have approached this Court challenging the order dated 04.05.2026 passed by the learned Additional Sessions Judge, Akola in Criminal Appeal No. 125 of 2026. 2. Learned counsel for the applicants submits that Additional Sessions Judge has interfered in the well reasoned order passed by the learned Judicial Magistrate First Class, Akola thereby restraining the non- applicants from evicting the applicants from the shared households. Learned counsel for the applicants submits that the Additional Sessions Judge, has went on to decide the said appeal only on the basis of the SKNair 2026:BHC-NAG:10886 2 29-revn-115-26.odt ownership of the said premises, which was not even a question for consideration. 3. On the other hand learned counsel for the non-applicants submits that the trial Court has passed the order on application under Sections 17 and 23 of the Protection of Women from Domestic Violence Act, 2005, (hereinafter referred as ‘D.V. Act, 2005’) without giving an opportunity of hearing to the respondents. Under construction house is claimed by the applicants as shared household, however, nobody is residing the said under construction house as the same is not in habitable. Electricity connection was illegally taken by the applicant and the necessary action was taken by MSEDCL Authority for theft of the electricity against the applicant/wife. However, the learned trial Court has wrongly granted order under Section 17 of the D.V. Act, 2005 thereby evicting the applicants from the shared household. 4. Order dated 22.05.2026 shows that this Court has directed the parties to maintain status quo as far as possession is concerned till next date. It is further informed both the learned counsels that the main application under Sections 17 and 23 of D.V.Act, 2005 is still pending SKNair 3 29-revn-115-26.odt with the learned Judicial Magistrate First Class, Akola Court No.3 for decision. 5. It appears from the record that while passing the order dated 02.03.2026 passed by the learned Judicial Magistrate First Class, Akola, Court No.3 the non-applicants were not heard and the order under Sections 17 and 23 of the D.V.Act, 2005 was passed. It would be therefore in the interest of justice to grant opportunity to the non- applicants for putting up their case before learned trial Court before any final order under Sections 17 and 23 of the D.V.Act, 2005 for restraining the applicants from evicting the applicants from the shared household can be passed. 5. After going through the entire record, it appears that one opportunity ought to have been given by the learned trial Court before passing an order of restraining the applicants from eviction. Hence, I am inclined to pass the following order. ORDER i. Impugned order dated 04.05.2026 passed by the learned Additional Sessions Judge, Akola in Criminal Appeal No. 125 of 2026 is hereby quashed and set aside. SKNair 4 29-revn-115-26.odt ii. Order dated 02.03.2026 passed below Exhibit 5 by the learned Judicial Magistrate First class, Court No.3, Akola in Cr.M.A. no. 83 of 2026 is also quashed and set aside. iii. Matter is remanded back to the learned Judicial Magistrate First Class, Akola to again decide the application filed under Sections 17 and 23 of the D.V.Act, 2005 filed by the non-applicant/wife afresh after giving an opportunity of hearing to the applicants and non-applicant. iv. Parties undertake to appear before the learned Judicial Magistrate First Class, Akola on 25.08.2026. v. Learned Judicial Magistrate First Class, Akola shall make an endeavor to decide said application after granting opportunity of hearing to both the parties within one month thereafter from the date of appearance of the parties before the learned Trial Court. vi. In the meanwhile, status quo of possession as granted by this Court vide order dated 22.05.2026 shall operate till the decision of the interim application afresh by the learned Judicial Magistrate First Class, Akola. 6. Revision application is hereby partly allowed and disposed of accordingly. SKNair 5 29-revn-115-26.odt 7. Needless to mention that this Court has not decided the merits or rights of the parties. The learned Judicial Magistrate First Class, Akola shall therefore decide the application under Sections 17 and 23 of the D.V.Act, 2005 independently on its own merits without getting influenced by any observation on the interim order of status quo granted by this Court. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 20/08/2026 19:43:36