ATUL SAHEBRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is the accused in RCC No.459/2010 pending before the Chief Judicial Magistrate, Osmanabad. The said case arises on a complaint filed by the respondent No.2 herein and is in respect of an offence punishable u/s. 420 of the Indian Penal Code. After examining the respondent No.2 (hereinafter referred to as 'the complainant ' for the sake of convenience and clarity), the Chief Judicial Magistrate formed an opinion that a prima facie case of an offence p/u/s 420 of the Indian Penal Code was made out and hence, by his order dated 28.12.2010 directed issue of process requiring the petitioner to appear and answer to the charge of an offence p/u/s 420 of the Indian Penal Code.

(2.) BEING aggrieved by the order issuing process, the petitioner approached the Court of Sessions by filing an application for revision, but, the learned Additional Sessions Judge who heard the revision application was of the view that order issuing process was proper, legal and correct. Holding so, he dismissed the revision.

(3.) I have heard Mr.B.A.Dhengle, the learned counsel for the petitioner. I have also heard Mr.V.B.Deshmukh, the learned counsel for the complainant. I have also heard Mr.P.N.Muley, the learned APP for the State.