NARESH WAMANRAO RAUT & ORS. Vs. STATE OF MAHARASHTRA & ANR.
LAWS(BOM)-2017-9-56
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on September 01,2017

Naresh Wamanrao Raut And Ors. Appellant
VERSUS
State of Maharashtra And Anr. Respondents

JUDGEMENT

V.M.DESHPANDE,J. - (1.) Heard learned counsel Shri F.T.Mirza, for the applicants, learned counsel Shri R.D.Bhuibhar for nonapplicant no.2 and Shri Indranil Damle, learned A.P.P. for Statenon applicant no.1 in extenso.
(2.) By the present application under Section 482 of the Code of Criminal Procedure, the applicants who are the accused persons in Regular Complaint Criminal Case No.14/2004 on the file of learned Judicial Magistrate First Class,Kelapur are praying for quashing of said complaint,so also seeking quashment of the order passed by learned Judicial Magistrate First Class,Kelapur with the order passed by learned Additional Sessions Judge,Pandharkawada(Kelapur)in Criminal Revision No.40/2004.
(3.) As per the contentions of the learned counsel for the applicants, the complaint as filed against the present applicants is nothing but an abuse of process of law. He submits that the complaint in question is nothing but is an counter blast to the complaint filed against nonapplicant no.2 and his wife under Section 420 of the Indian Penal Code. He also submits that, the order of issuance of process is erroneous in law as much as the learned Magistrate has not followed the scheme as envisaged in Chapter XV strictly. He relied on decision of Hon'ble Apex Court reported in Vadilal Panchal..verses..Dattatraya Dulaji Ghadigaonkar and another, AIR 1960 SC 1113 so also the reported case of law laid down by this Court reported in Captain Lance Irwin Lobo..verses..Ismail D'Souza @ Angelo Ismail De Souza and another,2007 ALL MR(Cri)623.;


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