MILIND MANOHAR APTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the order dated 14.5.2007 passed by the Judicial Magistrate First Class, Court No.7, Dhule below Exh.16 in RCC No.250/2005 the person arraigned/added as an accused at the instance of original accused nos. 1 and 2 preferred this criminal writ petition.

(2.) Brief facts, giving rise to the present writ petition are as follows :

(3.) The learned counsel for the petitioner submits that, though name of the present petitioner is mentioned in the complaint lodged with the police station, after due investigation a charge sheet came to be submitted against present respondents no.2 and 3 only. Learned counsel submits that, impugned order suffers from incorrect approach adopted by the learned Magistrate. Learned Magistrate has not given any opportunity of being heard to the present petitioner before passing the order impugned in this writ petition. Even no show cause notice was issued to the petitioner prior to adding him as an accused in the case.