MAHBOOB ABDUL KADAR Vs. STATEOF MAHARASHTRA

JUDGEMENT

(1.) Kanade, J. This revision is directed against the order of conviction and sentence passed by the Chief Judicial Magistrate, Parbhani, dated April 3, 1980, convicting the petitioners under section 187 of the Indian Penal Code read with section 36 (4) of the Legal Practitioners Act, 1879. By an order dated March 20, 1978, passed by the learned District and Sess ions Judge, Parbhani, ten persons including the petitioners were restrained from entering the precincts of the District Court and other subordinate Courts at Parbhani, excepting for the work directly concerning themselves.

(2.) Six advocates practising at District Court, Parbhani, filed a complaint against five accused persons on June 28, 1979, under section 188 of the Indian Penal Code read with section 36 (4) of the Legal Practitioners Act, 1879. It is stated in the complaint that all the five accused persons were practising toutism and causing great nuisance in the legal profession by cheating the clients and litigant villagers by taking them to certain persons practising as advocates and sometimes even extracting moneys from the ignorant litigants

(3.) The learned istrict and Sessions Judge, Parbhani, filed a complaint before the Chief Judicial Magistrate, Parbhani, on June 30, 1979. The said complaint was tried by the learned Chief Judicial Magistrate, Parbhani. After the trial the learned Chief Judicial Magistrate by his judgment and order dated April 3, 1980, convicted the five accused persons under section 188 of the Indian Penal Code and setenced them to pay a fine of Rs. 100 each, in default of fine, to undergo one month's R. I. each. Against the said order of conviction and sentence passed by the learned Chief Judicial Magistrate, Parbhani, the present revision has been filed only by the three accused.