LAWS(BOM)-2008-3-53

KIRAN GOKULDAS KALANTRY Vs. PRITHI PAUL SINGH SETHI

Decided On March 04, 2008
KIRAN GOKULDAS KALANTRY Appellant
V/S
PRITHI PAUL SINGH SETHI Respondents

JUDGEMENT

(1.) Heard. Rule. By consent the rule is made returnable forthwith.

(2.) By the present application, the applicants are seeking to get the judgment and order dated 10-07-2007 passed in Writ Petition No. 1148 of 2007 recalled and to intervene in the said writ petition as the party respondents thereto.

(3.) The few facts relevant for the decision are that Respondent No. 1 herein is the original petitioner in Writ Petition No. 1148 of 2007, whereas Respondent Nos. 2 and 3 are the respondents therein. The said writ petition was filed seeking directions relating to investigation concerning M. E. C. R. No. 02 of 2005 which was lodged at Vakola Police Station, Mumbai and for transfer of investigation to some other investigating agency. The said MECR was registered pursuant to the magistrate's order under Section 156(3) of the Code of Criminal Procedure and it was registered against the applicants herein by the Respondent No. 1 herein alleging commission of offence by the three applicants under Sections 409, 419, 420, 201, 506 (ii) r/w S. 34 of the Indian Penal Code.