ULHAS NARAYAN NAIK Vs. STATE

JUDGEMENT

(1.) RULE made returnable forthwith with the consent of the parties.

(2.) HEARD rival submissions on this Criminal Writ Petition preferred purported to be under Article 226 of the Constitution of India. What is challenged is the order passed by the Sessions Court dated 9/2/2010 in Criminal Revision Application No. 165/2008. Said Criminal Revision was filed by the State challenging the order passed by the J.M.F.C. discharging the present petitioner on 21/8/2008 in the police case for the offence punishable under sections 406, 420 of I.P.C. The said police case was filed on the initiation of the F.I.R. lodged by the original complainant. Said F.I.R. was lodged on 16/9/2005 for taking action against the present petitioner for offences punishable under sections 406 and 420 of I.P.C. On completion of the investigation charge sheet was filed on 27/12/2007. However, the accused was discharged by the J.M.F.C. vide order dated 21/8/2008.

(3.) IN view of the above, it is factual position that the matter rested then and there at the stage when the Registrar (J) passed the order on 23/9/2011 rejecting the proceeding under Stamp No. 954/2011 which is for challenging the order of the Revisional Court dated 9/2/2010.