M MRUTHYANJAYA Vs. PREMJIT SINGH

JUDGEMENT

(1.) This criminal petition filed under section 482 of the Code of Criminal Procedure, 1973 (for short "the Code"), involves for consideration the following point of law :

(2.) The said point arises in the way :

(3.) When the petition came up for admission on March 17, 1989, before his Lordship K. B. Navadgi J., his Lordship was of the view that it is necessary to direct issue of notice to the third respondent to hear him on the point of admission and directed the matter to be posted for admission after service of notice on respondent No. 3. It is in pursuance of that order that Sri I. T. Rai, advocate, has entered appearance on behalf of respondents Nos. 1 to 3 and 5. When the matter camp up for hearing on the point of admission on September 11, 1989, Sri Vinod P. Washi, senior advocate of Bombay, appearing for respondents Nos. 1 to 3 and 5, raised a preliminary objection that the criminal petition filed under section 482 of the Code against the impugned order of the learned Sessions Judge is not maintainable and urged that the said point may be decided first and then the question whether this is a fit case for admission may be considered. Thereupon, Sri B. V. Acharya, learned senior counsel for the petitioner-complainant and Sri Vinod P. Washi, senior counsel for respondents Nos. 1 to 3 and 5 were heard not only on the point of maintainability of the petition but also on the point of admission.