DILIPKUMAR NANJI DAWDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Writ Petition is filled by the petitioners (Original accused Nos. 3 and 4), Dilipkumar Nanji Dawda and Manubhai Lalji Nandu, against the order dated 5th October 1991, of framing of charge against five accused, passed by the learned Judicial Magistrate, First Class, Nasik Road, in R. C. No. 191/91.

(2.) IN the charge, copy of which is annexed as Exh. B at page 70 of the Paper Book, the names of the present petitioners appear at Sr. Nos. 3 and 4. Curiously enough, the complainant has not been made a party respondent and instead, original accused Nos. 1, 2 and 5 have been made respondents. The Roznama reveals that Mr. Pasbola has been appearing for the petitioners. However, he is not present. Ms. Kamat, Addl. Public Prosecutor appears for the State (Respondent No. 1 ).

(3.) I have heard Ms. Kamat, learned Addl. Public Prosecutor for the State. I have also perused the proceedings. It appears that ad-interim stay of further proceedings in the lower Court is obtained by the petitioner on 11th September 1992 and all the proceedings in the lower Court are thus stalled though today we are in the year 1999.