VISHWANANTH RAMKRISHNA PATIL Vs. ASHOK MURLIDHAR SONAR

JUDGEMENT

(1.) Heard the learned advocate for the petitioners, the learned advocate for respondent No. 1 and the learned A. P. P. for the respondent no. 2-State, at great length.

(2.) The present writ petition under Article 227 of the Constitution of India and under section 482 of Criminal Procedure Code against the order of issuance of process, is maintainable. However, in the facts and circumstances of the case, the High Court may refuse to entertain the writ petition or petition under section 482 of Criminal Procedure Code by observing that the appropriate remedy is to file revision in such case before the Sessions Court.

(3.) The preliminary objection to the maintainability of this writ petition under Article 227 of the Constitution of India read with section 482 of Criminal procedure Code (Cr. P. C. ) , has been raised in view of the decision of this Court in v. K. Jain and ors. vs. Pratap V. Padode and anr. , 2005 (3) Mh. L. J. 778 and saket Gore and ors. vs. Aba Dhavalu Bagul and anr. , 2005 All. M. R. (Cri. ) 2514 wherein this Court (Single Judge) after considering the various judgments of the apex Court and the High Courts and specially Adalat Prasad vs. Rooplal Jindal, 2004 (4) Mh. L. J. 274, Subramanium Sethuraman vs. State of Maharashtra, 2005 (1) Mh. L. J. 626 has concluded