ARVIND NAVINCHANDRA MAFATLAL Vs. PALAKAVAYALLI JOSEPH THOMAS

JUDGEMENT

(1.) The applicants have approached this court invoking its jurisdiction under Section 482 of the Criminal Procedure Code praying for quashing and setting aside the Order dated 21st August 2007 passed by the learned Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai, in C.C. No.4700076/SW/2007. The applicants have also prayed for quashing the entire proceedings in the said complaint.

(2.) The present case has a chequered

(3.) On the complaint being presented, the learned Magistrate vide Order dated 20th June, 2006 found that the offences were not disclosed in the complaint and therefore refused to take cognizance. Being aggrieved thereby the respondent No.l herein preferred a revision being revision application No.771 of 2006. The learned Sessions Judge vide Order dated 9th November 2006 partly allowed the revision and set aside the Order passed by the learned Magistrate and directed the learned Magistrate to record verification statement of one of the complainants and then consider issuance of process against accused Nos. 1 and 2 for the offences punishable under section 406 and 411 of I.P.C. The learned Sessions Judge in the said Order found that upon reading the complaint a case could have been made out for issuance of process only against the accused no. 1 for the offence punishable under Section 411 of IPC and against the accused No.2 under section 406 of IPC.