HARIKISHIN AJWANI Vs. S G RAJADHYAKSHA

JUDGEMENT

(1.) The petitioner is original accused in Criminal Case No. 223/CW/1981, which was pending before the Chief Metropolitan Magistrate. On September 18, 1981 the learned Chief Metropolitan Magistrate ordered to issue process against accused-petitioner in this case after recording a reasoned order. It is this order which is being challenged by the petitioner under section 482 of the Code of Criminal Procedure.

(2.) A few facts necessary to determine the question involved in this application are stated as under :--- The petitioner is a non-resident Indian citizen and has been residing in West Germany for the last sixteen years. The petitioner is married to a German girl from whom he has a daughter.

(3.) In the month of November, 1979, as the Customs Officer, Bombay required the petitioner, he came down to Bombay from abroad and contacted the Customs Officer. It is alleged that the petitioner has connection with some offence to have been discovered abroad. On December 5, 1979 petitioner was arrested and produced before the Additional Chief Metropolitan Magistrate, 8th Court, Esplande, Bombay. He was released on bail and such extention of bail continued upto July 14, 1981.