PRAKASH RAMNATH ADURKAR Vs. GANESH WAMAN ATHAWALE

JUDGEMENT

(1.) THIS is an application by the original accused persona under Article 227 of the Constitution in circumstances which are rather peculiar.

(2.) THE facts that are apparent from the record are that respondent No. 1 Ganesh Waman Athawale filed Criminal case No 235/S of 1974 in the Court of the Metropolitan Magistrate, 26th Court, Borivli, Bombay, on May 28, 1974. Process was issued in the complaint and the case was being adjourned from time to time. On February 7, 1975, which was admittedly the date for hearing of that complaint, both the parties appeared. The casa was not heard but was adjourned. There is some dispute as to the next date of adjournment and this question will be discussed by us a little later.

(3.) HAVING noticed these facts, the learned Magistrate did not issue process but issued merely a notice for inquiry and it was marked No.: 257/ N of 1975. Both the parties appeared in Court in pursuance of this notice on August 5, 1975.