S.C.PRATAP - (1.) This petition under Article 227 of the Constitution challenges the legality, propriety and validity of a most surprising, if not also a shocking order passed by the learned Judicial Magistrate, First Class, Ambejogai, directing issue of process under section 500 of the Penal Code against the petitioner herein Gajanan Laxmna Bhalchandra, a senior Advocate practising at Ambejogai, District Beed.
(2.) Pending before the learned Judicial Magistrate was Criminal Case No. 840 of 1977 filed by one Motilal Shankarlal Zanver against twenty-two accused persons under section 500 read with sections 109 and 34 of the Penal Code. These accused were represented by their Advocate the petitioner herein. While in charge of the defence, he was cross-examining one Rangrao Amrutrao Deshpande, a witness for the prosecution. In the course of this cross-examination some of the questions put and constituting the subject-matter of the instant proceedings were : Q.1: You are trying to defame N.K. Deshmukh by hook or crook? Q.2: You have caused the Municipal Council to purchase land by using your influence? Q.3: You are in the habit of blackmailing the Municipal Council President by publishing defamatory and sensational matters?" Answers thereto were as follows : "A.1: It is not true to say that since my defeat I am always trying to defame N.K. Deshmukh as the President by hook or crook. A.2: It is not true to say that I caused the Municipal Council to purchase my land using my influence. A.3: It is false to suggest that I am in habit of blackmailing the President of Municipal Council by publishing defamatory and sensational matters. The letter now shown to me (photostatic copy) was sent by me to the present President by registered post. Its contents are correct."
(3.) On the basis of the these questions witness Deshpande filed against Advocate G.L. Bhalchandra as accused No.1 and one B.K. Deshmukh as accused No. 2 Criminal Case No. 894 of 1979 under sections 500, 501 and 109 of the Penal Code. The trial Magistrate dismissed the said complaint against accused No. 2 but as against accused No.1 Advocate G.L. Bhalchandra process was issued under section 500 of the Penal Code. Hence this petition.;