RAJIV GANDHI SAHAKARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. By consent, heard finally.

(2.) The petitioners are the accused Nos. 1, 2 and 3 respectively, in R.T.C. No. 299/2006 pending before the Chief Judicial Magistrate, Ahmednagar. The said case is in respect of offences punishable under Section 420 of the Indian Penal Code (IPC), Section 409 of IPC, Section 467 of IPC, Section 471 of IPC read with Section 34 of IPC. It arises on a complaint made by the respondent no.2 herein.

(3.) After examining the complainant on oath, the learned Chief Judicial Magistrate, Ahmednagar formed an opinion that there were sufficient grounds for proceeding against the petitioners and also one more Arun Bhalsing who was named as the accused no.4 in the complaint, with respect to offences punishable under Section 467 of IPC and Section 471 of IPC, read with Section 34 of IPC. The petitioners, being aggrieved by the order issuing process, moved the Court of Sessions challenging the same by filing an application for revision, but the learned Additional Sessions Judge, who heard the revision application, did not find any merit therein and dismissed the same. It is under these circumstances, that the petitioners have approached this Court by invoking constitutional jurisdiction of this Court.