A S PHADNIS Vs. SITARAM GANPAT SURVE

JUDGEMENT

(1.) THIS petition is filed by the original accused in Criminal Case No.535 of 1989 on the file of the Judicial Magistrate, First Class, 5th Court, Thane issuing process against the Petitioners (accused) for offence punishable under Section 268 and 283 of IPC.

(2.) ACCORDING to the Petitioners the Petitioner no. 1 is the Factory Manager whereas the Petitioner no. 2 is the whole time Director of the company known as M/s Raptakos Brett and Co. Ltd. incorporated under the Indian Companies Act, 1913 having its registered office at Dr. Annie Besant Road, Worli, Bombay 400 025 and factories at 1st Pokhran Road, Majiwade, Thane. The original complainants Respondent nos. 1 to 14 herein are owners of various shops situated at Vartak Nagar, Thane opposite the said factory at Pokharan Road, Majiwade, Thane. The company is engaged in pharmaceutical.

(3.) THE learned Magistrate issued process under the aforesaid 2 Sections of IPC and it is this order of the learned Magistrate which is impugned before this Court by way of this petition calling upon this to exercise under Section 482 of Cr. P. C. and Article 227 of Constitution of India.