REWADHAR CHANDRAMANI UPADHYAY Vs. DEVSHWAR SHARMA

JUDGEMENT

(1.) THE applicants have preferred these applications against the order dated 9th April 1991 in Complaint No 100/S of 1987 passed by the learned Metropolitan Magistrate, 31st Court, Vikhroli, Bombay dismissing their applications for discharge filed under Section 245(2) of Cr.P.C.

(2.) DEVASHWAR Sharma, Respondent No.1 herein, filed a complaint against the applicants and others for the offences punishable under Sections 380, 409, 421, 468 read with 34 IPC. Considering the allegations made by the complainant in his complaint and after hearing him, the learned Magistrate issued process against all the accused including the present applicants for the offences punishable under Sections 409, 468, 421 read with section 34 I.P.C., in response to which the applicants appeared and filed their applications under Section 245(2) of Cr.P.C. seeking discharge. The learned Magistrate vide his order dated 9th April 1991 dismissed the said applications which is impugned in these applications.

(3.) I have heard Mr.Bhatt for the applicants and Mr.Mirza for the State. Respondent No.1 remained absent though duly served. The names of Respondent Nos.2 to 15 were deleted as per the order of this court dated 28th March 1994.