SUNIL LOBO PETER LOBO Vs. ASHA SHARIKANT PATEL

JUDGEMENT

(1.) Heard Shri Anil Mardikar, Advocate for the applicant, shri O. Y. Kashid, Advocate for respondent No. 1 and Shri A. D. Sonak A. P. P. for respondent No. 2.

(2.) By this application under section 482 of Code of Criminal Procedure, the applicants are challenging the order passed by the learned Chief Judicial magistrate, Akola in Criminal Complaint Case No. 407/2004 dated 16-8-2006 on ex. 25, by which he had rejected the application of the applicants (alleged accused No. 1 to 4) , seeking permission to participate in the proceedings of the aforesaid complaint instituted by respondent No. 1 Sau. Asha Patel.

(3.) It may be stated that the complainant respondent No. 1 had filed the instant complaint for the offences punishable under sections 107, 403, 405, 409, 415, 418, 463, 468, 477-A read with section 34 of the Indian Penal Code. In this complaint, the complainant has made allegations seeking action against the applicants accused persons calling for their conviction, however, the complainant had specifically prayed that the complaint may be sent to the police authorities for investigation under section 156 (3) of the Criminal Procedure Code. It may be staled that on that complaint, the relevant order was passed and the complaint was referred to police under section 156 (3) of Criminal Procedure Code.