VIJAYKUMAR VITTHALRAO SARVADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision takes an exception to the order of discharging respondent No.2 original accused No.7 (Kailash Kedarnath Agrawal), from the offence punishable under Sections 143, 147, 149, 341, 427, 448 read with Section 120(b) of the Indian Penal Code, on the ground that prosecution against him stands vitiated for want of consent from the State Government as required under Section 196(2) of Code of Criminal Procedure.

(2.) The impugned order is passed by Ad-Hoc Additional Sessions Judge, Sewree, Mumbai on 1.7.2013, in Criminal Revision Application No.363 of 201 By the impugned order, Revision Application was allowed and the order passed by Metropolitan Magistrate 15th Court, Mazgaon, Mumbai, rejecting respondent No.2's application for discharge was set aside.

(3.) Brief facts of the revision can be stated as follows :