SUDHAKAR RAMKRUSHNA GANGANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application under Section 482 of Criminal Procedure Code (Cr. P.C.),1973, is filed by 9 respondents shown as accused in R.C.C. No. 49 of 2009, challenging the order dated 25.5.2010 passed by the Judicial Magistrate First Class, (JMFC) Akot, and consequential registration of FIR No. M2/2010 dated 1.6.2010 under Sections 406, 468, 477A read with Section 34 of Indian Penal Code (IPC) at Akot police station in Akola district. The proceedings before the JMFC are filed by Respondent No. 2 herein. Though there is no express interim order, this Court has in its order dated 22nd November, 2010 has stated that "Ad interim order, if any, granted earlier to continue till then." There is dispute between the parties about grant or continuation of interim order but then Respondent No. 1 State has in its reply affidavit dated 3.7.2010, in paragraph 8 stated that on 11.6.2010, while issuing notice, this Court orally directed not to arrest the petitioners till filing of reply and Respondent No. 1 was obeying that direction. The challenge as posed u/S. 482 Cr. P.C. was earlier looked into in Cr. W.P. 322 of 2009 & on 21st August, 2009, learned Single Judge of this Court set aside the order dated 3.6.2009 passed by JMFC, Akot, directing that the complaint as filed be forwarded to police station to register it with further direction to investigate and to submit report. This Court set aside that direction and restored RCC No. 49 of 2009 back to file. JMFC was left free to peruse the Complaint and to proceed as per Cr. P.C. The grievance in the matter pertains to business transacted in the year 199495 and after 25.5.2010 there is no further investigation or progress. Hence, as jointly requested, matter is heard finally by issuing Rule and making it returnable forthwith.

(2.) Advocate Khapre for the applicants has urged:

(3.) Submissions of Advocate A.M. Ghare :