SHASHIKANT RAJARAM DANDEKAR Vs. VIJAYA SHRIPAD KALE

JUDGEMENT

(1.) THE Impugned order is dated 29.3.1990. The accused in the said proceedings had filed an application that civil proceedings are pending and, therefore, the present case be stayed. The Judicial Magistrate, First Class, Khed, rejected the said application and directed the matter to proceed according to law. The accused petitioners have challenged that order before this Court by way of Writ Petition under Article 227 of the Constitution.

(2.) THE application was moved at a belated stage namely when the evidence of the petitioners -accused was to be recorded under Section 313 of Cr.P.C. This by itself is sufficient not to exercise the extra -ordinary jurisdiction of this Court under Article 227 of the Constitution. On the light of that Rule discharged. Interim relief granted stands vacated. There shall be no order as to costs.