AMIR HAMZA SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) The challenge in the present appeal is to an order passed by the High Court of judicature at Bombay on November 27, 2018 whereby an order passed by the Magistrate declining permission to respondent No. 2 to prosecute the appellants-accused for the offences punishable under Sections 498A, 406 read with Section 34 of Indian Penal Code, 1860 for short, was allowed.

(3.) The respondent No. 2 had sought permission to conduct prosecution in terms of Section 302 of the Code of Criminal Procedure, 1973 for short, 'Code ' for the aforesaid offences. The learned Magistrate declined permission without giving any reason but the , 'IPC ' . High Court considered the judgments on the subject and granted permission to conduct prosecution only for the reason that the application has been made by an aggrieved party.