V M TELANG Vs. STATE MAHARASHTRA

JUDGEMENT

(1.) THIS petition is pending for hearing since long and it has been mentioned in the Board as kept for final hearing today. Shri Yadav is insisting for hearing on merit. Same is the case with Shri Saste. Therefore, it is being decided finally by hearing the lawyers who are present for the parties and insisting for the hearing and decision of this petition. This petition is also being decided in the interest of justice.

(2.) THE petitioners assail the correctness, propriety and legality of the order passed in Criminal Case No. 341/8/1999 pending before 27th Court of Mulund, Mumbai, by which process has been issued against the petitioners in context with an offence punishable in view of provisions of S. 500 of Indian Penal Code. It has been averred by the petitioners that the learned Magistrate committed an error in issuing process against them by passing the said order. They are praying for quashing the said proceeding pending in the said Court.

(3.) THE main contention of the petitioners seems to be as indicated by the averments made in the petition that whatever has been done by them has been done in pursuance of the powers vested in them as Executive Body of the Co-operative Society managing the affairs of the said co-operative society and the security of the flat dwellers in the said society. They contended that they have committed no offence of defamation by issuing the said circulars and calling the extraordinary meeting for expelling the respondent No. 2 (original complainant) from the said society.