SASHIDHAR JAGDISHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Senior Advocate Shri Kadam for the Petitionerproposed accused and learned Senior Advocate Shri Ponda for Respondent Nos. 2 and 3. Also heard learned APP.

(2.) There is a private complaint filed by these two Respondents hereinafter referred to as Complainant before the JMFC, Girgaon. It was filed for an offence under Sec. 356(1), 356 (2), 356 (3) and Sec. 3(5) of the Bhartiya Nyay Sanhita, 2023 (for short 'B.N.S.'). Copy of complaint is on Page 40. On Page-1 there is one remark put up by the staff of the concerned Court. It reads thus:

(3.) It is clarified on behalf of the Petitioner- proposed Accused that order which is challenged in this petition is the 'order of issuing notice to them'. Though the issue which is canvassed before me is a narrow issue, considering the detailed submissions advanced by both the learned Senior Advocates, it requires a serious consideration by this Court. Both of them submitted on this issue, uptill now this Court has not given any authorative pronouncement. The issue which is advanced before this Court is as follows:-