INDERCHAND TARACHAND JAIN Vs. PRAKASH MOTILAL BHANSALI

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India read with sec.482 of the Code of Criminal Procedure, the petitioner/original complainant has challenged the order dated 27th September, 2001 in Crim.Misc, Application No.58 of 2001 passed by the learned Additional Sessions Judge, Pune.

(2.) It is not in dispute that the above Crim.Misc.Application was preferred for condonation of delay. The petitioner before me preferred an appeal against the order dated 14th March, 2001 in Crim.Misc.Application No. 215 of 2000 delivered by Judicial Magistrate, First Class, Khed, Rajgurunagar. That order dismissed the application preferred by the petitioner/original complainant alleging commission of offences which are punishable under sec.211 and 463 of the I.P.C.

(3.) In the opinion of the learned J.M.F.C., the applicant/original complainant would not be in a position to maintain and file the complaint with regard to the subject offence and it is only the concerned Court which can set the criminal law in motion.