GOVIND GANESH Vs. A U CHATE

JUDGEMENT

(1.) THIS is a writ petition filed by the complainant against the order dated 30th October 1987 on the private complaint filed by the writ petitioner in the Court of the Judicial Magistrate, First Class, Panvel. Arguments are heard.

(2.) THE petitioner filed a private complaint in the Court below against respondents Nos. l and 2 alleging that they had committed offences under sections 166,342 and 220 read with section 34 of, the Indian Penal Code and section 147 (c) of the Bombay Police Act. The learned Magistrate recorded the sworn statement of the complainant. Then he passed the impugned order dated 30th October 1987 under which he dismissed the complaint. Being aggrieved by the said order, the; complainant has come up with this writ petition.

(3.) THE learned Counsel for the petitioner questioned the correctness and validity of the impugned order. Respondents Nos. 1 and 2 have remained absent in spite of service of notice. The learned Assistant Public Prosecutor appearing for respondent No. 3 has supported the impugned order. The short point for consideration is whether the impugned order dismissing the private complaint is sustainable or not.