LAWS(BOM)-2014-1-9

HASAN MOHAMMAD ISSAK MANIYAR Vs. HARUN GULAB MANIYAR

Decided On January 07, 2014
Hasan Mohammad Issak Maniyar Appellant
V/S
Harun Gulab Maniyar Respondents

JUDGEMENT

(1.) Rule was granted in this petition on 4th January, 2013 and by way of an ad-interim relief, the trial of the petitioners was not to proceed until further orders. As Rule on interim relief was made returnable in March, 2013, and considering the narrow controversy involved in the petition, we have taken up this petition itself for final disposal with the consent of the parties.

(2.) Heard learned Counsel Shri S. V. Kotwal for the petitioners, Mr. S. M. Kamble for respondent No.1 and Ms. Usha Kejriwal, A.P.P. for the State.

(3.) This petition preferred under Articles 226 and 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), takes exception to the order dated 24th April, 2012 passed by the Judicial Magistrate, First Class, Pimpalgaon (B), Taluka Niphad, District Nashik, directing investigation under Section 156(3) of the Code, after recording verification of the complainant, in Criminal M.A. No. 79 of 2012.