MADHAVI PURSHOTTAM BADIYANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application is filed u/s.482 of the Criminal Procedure Code, praying for quashing the process issued by the learned Metropolitan Magistrate, 33rd Court, Ballard Estate, Bombay in Case No.226/P of 1989, against the present applicant.

(2.) THE grievance of the complainant-respondent is that, the present applicant is the Director of M/s.Sadhna Textile Mill, having its office at Ballard Estate, Bombay known as Sadhna Rayon House, Dr.D.N.Nagar, Bombay. She is also the owner of the said building. That, in this building, lift and water facilities were provided to the other occupants. It is alleged that the applicant has disconnected these facilities without just reason. It also reveals from the record that some criminal proceeding was also initiated against her on the same ground. The learned Magistrate has issued process against the applicant without making any enquiry in the allegations.

(3.) IN view of the aforesaid facts and circumstances of this case, the process issued by the learned Magistrate is unwarranted and unsustainable.