RAJIV RAJU PIWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER absent. None present for him. shri Saste present for the State of maharashtra. section 403 of the Code of criminal procedure, 1973 provides that save as otherwise expressly provided by this code, no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision; but the court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader. Therefore, neither party has any right to be heard personally or by pleader and the facts of the present case does not show that this Court should hear either of them. As Shri Saste is present representing the State of maharashtra, this Court heard him on the point of merit.

(2.) THE petitioner has put a challenge to the order passed by J. M. F. C. Cantonment, Pune in w. C. C. No. 83 of 1985 whereby the learned magistrate convoluted the petitioner for the offence punishable under section 379 and sentenced him to undergo RI for one year and to pay a fine of Rs. 3000/-, in default to suffer further R1 for months.

(3.) THE petitioner was indicted for the said offence on the facts mentioned here in under.