VITHALRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the applicants and learned Additional Public Prosecutor for the non-applicant/State. Admit. Heard finally by consent of learned Counsel for the parties.

(2.) Applicant No. 1 Sunil Sonkusare and Applicant No. 2 Masood Ahmed in Criminal Application (APL) No. 273/2011 and the applicant Vithalrao Bhandakkar in Criminal Application (APL) No. 263/2011 are the accused Nos. 2, 3 & 4 respectively in Regular Criminal Case No. 983/2009 pending in the Court of Chief Judicial Magistrate, Akola. They are facing trial for the offences punishable under Sections 420, 468, 471 & 409 read with Section 34 of the Indian Penal Code along with the alleged prime accused Prakash Dhurandar who is cited as accused No. 1.

(3.) The applicants before moving this Court under Section 482 of the Criminal Procedure Code had applied for discharge before the trial Court. The said application was rejected by the learned Chief Judicial Magistrate, Akola. Applicant Nos. 1 and 2 in Criminal Application (APL) No. 273 of 2011 had filed a revision application before the Sessions Court. Said revision application has also been dismissed. Applicant in Criminal Application (APL) No. 263 of 2011 had filed separate revision application, which has also been dismissed. It is in these circumstances that the applicants have moved this Court under Section 482 of the Criminal Procedure Code.