SANTOSH DHIRAJ PATHAK Vs. TECHNOLOGY DEVELOPMENT BOARD

JUDGEMENT

(1.) Crl. M.A. No.4606/2015 (exemption) in Crl. M.C. No.1258/2015, Crl. M.A. No.4610/2015 (exemption) in Crl. M.C. No.1259/2015, Crl. M.A. No.4612/2015 (exemption) in Crl. M.C. No.1260/2015, Crl. M.A. No.4614/2015 (exemption) in Crl. M.C. No.1261/2015, Crl. M.A. No.4616/2015 (exemption) in Crl. M.C. No.1262/2015, Crl. M.A. No.4619/2015 (exemption) in Crl. M.C. No.1264/2015, Crl. M.A. No.4628/2015 (exemption) in Crl. M.C. No.1269/2015, Crl. M.A. No.4651/2015 (exemption) in Crl. M.C. No.1280/2015, Crl. M.A. No.4653/2015 (exemption) in Crl. M.C. No.1281/2015, Crl. M.A. No.4656/2015 (exemption) in Crl. M.C. No.1282/2015 and Crl. M.A. No.4658/2015 (exemption) in Crl. M.C. No.1283/2015, Exemption allowed, subject to just exceptions.

(2.) IN the present 11 petitions, on 28th November, 2014, the applications were filed by the petitioner before the learned Trial Court seeking return of the said complaint cases to the respondent/ complainant in view of the decision passed by the Supreme Court in the case of Dashrath Rupsingh Rathore v. State of Maharashtra, 2014 9 SCC 129. The said applications were dismissed on the same day, subject to cost of Rs.5,000/ -. The petitioner thereafter filed the revision petition challenging the said order passed by the learned Trial Court dated 28th November, 2014. The revision petitions were also dismissed by passing a comprehensive detailed order dated 20th February, 2015. The present petitions are being filed under Section 482 Cr.P.C. for quashing/setting -aside both the orders dated 28th November, 2014 and 20th February, 2015.

(3.) THE Supreme Court in the case of Rajan Kumar Machananda v. State of Karnataka, 1987 4 JT 637, in para 2 held as under: -