YESHWANT S O RAM BHASMARE Vs. ASRABAI

JUDGEMENT

(1.) HEARD Mr. S. A. Deshmukh for the petitioners and Mr. Varale, A. P. P. for the State.

(2.) THIS is an application under section 482 of the Code of Criminal Procedure, praying for quashing of the criminal proceedings instituted in Regular Criminal Case No. 340 of 1991, in the Court of Chief Judicial Magistrate, Latur.

(3.) RESPONDENT No. 1 Asrabai had instituted the aforesaid criminal case on a private complaint against 19 persons for offences punishable under sections 494, 109 read with section 34 of the Indian Penal Code. After recording the verification on 6. 8. 1991, the learned Chief Judicial Magistrate directed the issuance of process against all the petitioners under his order dated 14. 8. 1991. Having felt aggrieved by that order, the petitioners have preferred this application, contending that the impugned order was passed by the Magistrate without any application of mind. They had stated in the petition that the petitioners had not preferred any previous appeal or application in this Court or in the Supreme Court of India, but there was no mention of a criminal revision, which was preferred by the petitioners in the Court of the Sessions Judge, Latur being Criminal Revision Application No. 47 of 1992. Mr. Deshmukh, the learned Counsel for the petitioners, therefore, stated at the outset, that he was not aware of the fact that such a revision was preferred and was dismissed by the Additional Sessions Judge. He, therefore, sought leave to amend the petition appropriately. The leave is granted to him to amend the petition and to annex a copy of the decision given in the revision petition. Accordingly, he produced before us a copy of the aforesaid order passed by the Additional Sessions Judge, Latur.