(1.) By this petition under Article 227 of the Constitution read with section 482 of the Criminal Procedure Code, the petitioner who is accused No. 36 in Criminal Case No. 9 of 1986 by the 1st respondent against M/s. Kirloskar Brothers Ltd. and others, prays for a writ of certiorari or any other appropriate writ order or direction for quashing the process issued against the petitioner by the Chief Judicial Magistrate, 1st Class, Pune on 31st January, 1986. My learned predecessor Kania, J., issued Rule and made it returnable on 16-6-1986.
(2.) In another Criminal Writ Petition No. 335 of 1986 filed by Shri Marathe, accused No. 17 in Criminal Case No. 9 of 1986 I have delivered my order on 21-7-1986. The said Shri Marathe is accused No. 17 in the complaint case filed by the 1st respondent. Even though the present petition also arises out of the same complaint case, I am delivering this separate order as the facts relating to this petitioner, accused No. 36 are slightly different.
(3.) The facts relevant for the purpose of this present petition and the circumstances under which the petitioner is seeking the relief of quashing of process may be stated briefly as follows: