MAHADEV VISHWANATH PARULEKAR Vs. LUIS P LOBO

JUDGEMENT

(1.) This is an application under Sections 397 and 482 of the Criminal Procedure Code to quash the proceedings in Criminal Case No. 45/P/76 on the file of J. M. F. C., Bicholim.

(2.) The facts leading to the filing of the aforesaid application may be stated as follows :-

(3.) On 30th September, 1978 a petition was filed on behalf of the accused-petitioner to dismiss the complaint and to acquit the accused. In the said petition it was stated that in view of the admitted position that the accused-petitioner is a partner with respondent No. 1 no case of theft could stand against the accused-petitioner. This plea of the accused-petitioner did not find favour with the trial Magistrate who by his Order dated 16th January, 1979 rejected the petition dated 30th September, 1978. It is this Order which has given rise to the present petition.