LAWS(BOM)-2002-12-127

CHANDRAKANT SHRIDHAR SHETTY Vs. PANDURANG HARICHANDRA KHATU

Decided On December 20, 2002
Chandrakant Shridhar Shetty Appellant
V/S
Pandurang Harichandra Khatu Respondents

JUDGEMENT

(1.) SHRI Chougule is praying that the order passed by the learned Metropolitan Magistrate, Dadar Mumbai on 9/1/1998 in Criminal Case No. 4/S of 1998 against the petitioners be quashed. From the submissions advanced by Shri Chougule, it appears that the process has been issued by the said Court against the petitioners for commission of offence punishable under Section 506 of Indian Penal Code.

(2.) SHRI Chougule read out the complaint which is at page 18 of the paper book. The important paragraph No.10 is at Page No.21, which gives the idea of the allegations made by the complainant read as follows;-

(3.) THE petitioner should have filed revision petition challenging said order but as submitted by Shri Chougule, he did not do that. Shri Chougule continuedrepeating that the accused are innocent and are not guilty. That fact is yet to come out and nothing can be said in favour of Shri Chougule in support of his contention at this stage. The complainant has to lead evidence, which would be tested by cross-examination. At this juncture, this Court would not interfere in the said order of issuing process. Thus, petition stands dismissed. The stay stands vacated. Theparties are directed to act upon the copy of this order duly authenticated by the Sheristedar/Court Stenographer of this Court.