STATE OF MAHARASHTRA Vs. NITIN

JUDGEMENT

(1.) Leave granted.

(2.) This matter arises from a complaint filed by a Public Prosecutor before the Sessions court, Greater Mumbai, for the offence under section 500 read with Section 34 of the Indian penal Code in respect of certain imputations made against the Deputy Chief Minister of Maharashtra. As the complaint was taken on file by the Sessions Judge and cognizance of the offence was also taken as envisaged in section 199 of the Criminal Procedure Code, process was issued to both the accused (one of them is respondent in this case). The respondent on receiving the summons from the Court, instead of approaching the trial Court, filed a revision Petition before the High Court under section 397 of the Code of Criminal Procedure. He challenged the order issuing summons to him on various grounds. Learned Single judge of the High Court admitted the revision and passed an order of stay of further proceedings before the trial Court so far as the respondent is concerned. That order of the learned Single Judge of the High Court is being challenged in this appeal.

(3.) Mr. Uday U. Lalit, learned counsel for the respondent, after addressing arguments, in extension, wanted to get instructions as to the advisability of raising all these contentions in the trial Court at the appropriate stage. After getting such instructions he submitted at the bar that the revision Petition filed before the high Court by the respondent would be withdrawn without prejudice to the right of the respondent raising all relevant contentions before the trial Court. In view of this turn of events we order that the revision Petition filed by the respondent before the High Court would stand dismissed as withdrawn and the impugned order would stand erased. We make it clear that we have not expressed any opinion on the merits of the contention raised by the appellant and the respondent. Hence, it is open to the parties to raise their respective contentions before the trial Court at the appropriate stage. The appeal is accordingly disposed of. Appeal allowed accordingly.