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Somnath Madhavrao Joshi & Ors vs Ambadas Digamber Deshpande & Anr
2016 Latest Caselaw 7620 Bom

Citation : 2016 Latest Caselaw 7620 Bom
Judgement Date : 23 December, 2016

Bombay High Court
Somnath Madhavrao Joshi & Ors vs Ambadas Digamber Deshpande & Anr on 23 December, 2016
Bench: V.K. Jadhav
                                      1      CRI APPLN NO.1596.2005.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD




                                                                        
                 CRIMINAL APPLICATION NO. 1596 OF 2005




                                                
         1.      Somnath Madhavrao Joshi,
                 age 76 yrs, Occ. Agril,.
                 R/o Kuchar Ota, Paithan,




                                               
                 Dist. Aurangabad.

         2.      Kanhaylal Gotiram Mutha,
                 age 70 yrs, Occ. Agril,
                 and Trader, R/o Paithan,




                                     
                 Dist. Aurangabad.

         3.
                             
                 Devidas Rangnath Kulkarni,
                 age 55 yrs, Occ. Agri,
                 R/o as above.
                            
         4.      Satish Biharilal Baldava,
                 age 45 yrs, Occ. Agril,
                 and Trader, R/o as above.
      


         5.      Balkisan Ramkaran Baheti,
   



                 age 55 yrs, Occ. Trader,
                 R/o as above.

         6.      Ramchandra Pandurang Kulkarni,





                 age 65 yrs, Occ. Nil,
                 R/o Paithan, Dist. Aurangabad.         Petitioners.
                                       (orig accused 1 to 3, 5 to 7)

                 VERSUS





         1.      Ambadas Digambar Deshpande,
                 age 57 yrs, Occ. Agril,
                 R/o Kuchar Ota, Paithan,
                 Dist. Aurangabad.

         2.   State of Maharashtra.                     Respondents
                                     ...
           Advocate for Applicants : Mr. V J Dixit Sr. Counsel i/b 
                           Mr. A B Kadethankar



    ::: Uploaded on - 26/12/2016                ::: Downloaded on - 27/12/2016 00:52:42 :::
                                            2       CRI APPLN NO.1596.2005.odt

          Advocate for Respondent no.1 : Mr Pradeep Deshmukh 
                           h/f Y.P.Deshmukh




                                                                                
                APP for Respondent no.2 : Mr S P Tiwari  
                                    ...




                                                       
                           CORAM :  V. K. JADHAV, J.

...

Date of Reserving the Judgment : 20.12.2016 Date of pronouncing the Judgment :23.12.2016

...

JUDGMENT :-

1. By this criminal application, the applicants-

original accused nos. 1 to 3 and 5 to 7 have challenged

the order dated 12.11.2003 passed by the learned

Judicial Magistrate First Class, Paithan District

Aurangabad below Exh.1 in RCC No.158/2003 thereby

issuing process against the applicants for the offences

punishable under sections 465, 468, 471, 474 r/w 34 of

I.P.C. and further also seek to quash prosecution of the

applicants-accused in the form of R.C.C. No.158/2003

pending in the Court of J.M.F.C., Paithan, District

Aurangabad.

2. Brief facts, giving rise to the present application

are as follows :-

a] Respondent No.1-original complainant has filed

complaint bearing R.C.C. No.158/2003 against the

3 CRI APPLN NO.1596.2005.odt

present applicants and one more accused, who, is

presently no more for having committed an offence

punishable under sections 465, 468, 471, 474 r/w 34

I.P.C. Respondent no.1-original complainant was

working as Headmaster in Shri Balaji Vidyalaya,

Nathnagar, Paithan, District Aurangabad, which is a

school run by Dnyan Prabodhini Shikshan Sanstha,

Paithan, District Aurangabad. It has contended that,

the applicants are the office bearer of the Trust, even

they are not accepted by the Assistant Charity

Commissioner as office bearer and trustees of the

Institution.

b] It has alleged in the complaint that, the then

Secretary one Shri G.V.Bharde issued him a charge

sheet on 15.1.1998. In pursuance of Rule 32 of

Maharashtra Employees of Private Schools (Conditions

of Service Regulation) Act, 1977, if, any inquiry is to be

held against the head of an institution, it must be

conducted by the president of the Management and

such a proceeding cannot be initiated by issuing a

charge sheet or statement of allegations signed by the

Secretary. Consequently, respondent-complainant had

4 CRI APPLN NO.1596.2005.odt

challenged the same before the School Tribunal as well

as before Civil Judge J.D, Paithan. It has further

alleged that, all the applicants-accused were aware

about the charge sheet, however, in collusion, it was

decided to issue a supplementary charge sheet and

resolution was also taken to that effect. Accordingly, a

supplementary charge sheet dated 15.2.1999 was issued

under the signature of President (Karyavahak).

Respondent-original complainant had raised a dispute

in appeal No.200/1999 before School Tribunal,

Aurangabad and the said matter was posted on

20.7.2000 for final arguments. The applicants-original

accused were realized that, such charge sheet might not

stand in the Court of law, the applicants prepared a

forged document under the signature of applicant no.1

and behind back of the respondent-complainant

produced the same before the School Tribunal,

Aurangabad. It has thus alleged in the complaint that

the applicants-accused persons in furtherance of their

common intention have committed the offence

punishable under section 465, 468, 471, 474 read with

section 34 of I.P.C. Respondent-complainant has,

5 CRI APPLN NO.1596.2005.odt

therefore, approached to the Police Station, Paithan,

but, he was given understanding to approach the Court.

Accordingly, respondent-complainant has filed the

private complaint before the Judicial Magistrate First

Class, Paithan, which is numbered as R.C.C.

No.158/2003.

c] The learned Magistrate, Paithan, initially by order

dated 28.7.2003 directed the concerned Police Station to

carry out the investigation and submit the report as

provided under section 156(3) of Cr.P.C. After due

investigation, the concerned police station has

submitted report to the effect that no offence is made

out as per the complaint filed by the respondent-

complainant.

d] By impugned order dated 12.11.2003 on perusal of

the complaint and report filed by the police and further

relying on the statements of two witnesses recorded

during the course of said investigation, the learned

Magistrate has issued process against the applicants-

accused for the offence punishable under sections 465,

468, 471, 474 read with 34 of I.P.C. The learned

Magistrate in the impugned order has observed that, the

6 CRI APPLN NO.1596.2005.odt

complainant has prima facie proved that the accused

had prepared another document in order to fill up

lacuna and considering the statement of two witnesses

against them, prima facie case is made out against

accused persons for issuance of process.

e] The applicants-original accused filed an

application Exh.23 for recalling the process on various

grounds. However, the learned Magistrate has rejected

the said application in view of the judgment of the apex

Court in the case of Adalat Prasad Vs. Ruplal Jindal

and others reported in 2004 Vol. VI Supreme 371.

Hence, this Criminal Application.

3. The learned counsel for the applicants-original

accused submits that, first charge sheet dated 15.1.1998

was issued by late Govind Bharde and after taking a

fresh resolution, charge sheet was issued under the

signature of applicant-accused no.1. This fact was well

within the knowledge of the respondent-complainant.

Thus, respondent-complainant has not filed the

complaint forthwith in the police station till 26.10.2002.

Further, the respondent-complainant had filed the

7 CRI APPLN NO.1596.2005.odt

complaint before the Court on 23.7.2003. There is

inordinate delay in filing the complaint for which no

explanation is tendered. Learned counsel for the

applicants submits that, the learned Magistrate has

issued the process on the basis of the statement of

witnesses Chandrakant and Vasant recorded during the

course of the investigation. Learned counsel submits

that, the concerned Investigating Officer has submitted

the report in the negative and thus, the Magistrate

cannot take into account statement of the witnesses

examined by the police during the investigation and take

cognizance of the offence complained of and order issue

of process against the applicants-accused. The learned

Magistrate may take cognizance of the offence under

section 190 (1) (a) on the basis of the original complaint

and proceed to examine on oath the complainant and

his witnesses under Section 200 of Cr.P.C. If he adopts

the third alternative, he may hold or direct an inquiry

under section 202 if he thinks fit. Thereafter, he may

dismiss the complaint or issue process, as the case may

be. The learned counsel for the applicants-accused

submits that, it has alleged in the complaint that the

8 CRI APPLN NO.1596.2005.odt

applicants-accused persons have filed the alleged forged

charge sheet before the School Tribunal. Therefore, as

per the provisions of section 195 read with section 340

of Cr.P.C. only School Tribunal is competent to take

cognizance of the offence and he is empowered to lodge

the complaint on making inquiry as contemplated under

section 340 of Cr.P.C. On the basis of such a complaint,

in terms of provisions of section 195 of Cr.P.C.

cognizance can only be taken and respondent-

complainant has thus no locus standi to file the

complaint.

The learned counsel for the applicants-original

accused submits that, the respondent-complainant had

filed writ petition No.1677/2001 before the learned

Single Judge of this Court wherein dismissal of his

appeal before the School Tribunal against termination

was challenged. The learned Single Judge of this Court

has dismissed said writ petition, and therefore,

respondent-complainant has filed a L.P.A. No.4/2004 in

Review Petition No.7370/2003 in Writ Petition

No.1677/2001. Even though, the Division Bench of this

Court has observed about production of document of

9 CRI APPLN NO.1596.2005.odt

subsequent charge-sheet behind back of the

respondent-complainant, ignored the same without

making any observations about forged charge sheet as

alleged by the respondent-complainant in the present

complaint.

Learned counsel submits that, first charge sheet

dated 15.1.1998 was issued by the then Secretary Mr.

Govind Bharde and, thereafter fresh resolution was

taken and charge sheet was issued under the signature

of President. Thus, the entire complaint is not disclosing

any offence nor the ingredients of the offence for which

process has been issued against the applicants-accused

persons. Thus, continuation of proceedings in R.C.C.

No.158/2003 would be the abuse of the process of the

Court.

4. The learned counsel for the applicants, in order to

substantiate his contentions placed his reliance on

following cases :

1. H.S.Bains Vs. The State (Union of Territory of Chandigarh) reported in AIR 1980 Supreme Court Page 1883.

2. Suresh Chand Jain Vs. State of Madhya Pradesh Reported in 2001 (2) SCC page 628.

10 CRI APPLN NO.1596.2005.odt

3. Manish Vijay Mhashelkar Vs. State of Maharashtra and another reported in 2008 (1)

Bom.C.R. Cri 378.

4. Bhagirathabai Rambhaukar Akotkar Vs. State

of Maharashtra and another, reported in 2007(2) Bom.C.R. Cri 285.

5. Learned counsel for respondent no.1-original

complainant submits that, prima facie, it is proved by

respondent-complainant that both the accused had

forged and prepared another document in order to fill up

the lacuna. On 15.2.1999 charge sheet/statement of

allegations under the signature of the then Secretary

was served on the respondent-complainant, however,

after realizing the mistake that pursuance to the

provisions of Rule 32 of the M.E.P.S., Act, 1977, if

inquiry is to be held against the head of the Institution,

it must be conducted by the President of the

Management, another charge sheet was forged and

prepared under the signature of President and the same

was produced before the School Tribunal after hearing

is completed in appeal. Respondent-complainant has

raised main ground in the said appeal that, charge

sheet was issued by the Secretary and not by the

President. Consequently, false and fabricated document

11 CRI APPLN NO.1596.2005.odt

in the shape of second charge sheet under the signature

of President was prepared and produced. Learned

counsel submits that, respondent-complainant have

given all the details constituting the offence of forgery. It

is not the case of the respondent-complainant that

forgery in respect of the said document charge-sheet

was committed after the document was produced before

the Presiding Officer of the School Tribunal and

therefore, provisions of section 195 would not apply. So

also provisions of section 340 of Cr.P.C. are also not

attracted.

The learned counsel for respondent-complainant

submits that, the Magistrate is not bound by the

opinion of the Investigating Officer. Even if, the

investigating officer submits the report in the negative,

the Magistrate can take into account statements of the

witnesses examined by the police during the course of

investigation and take cognizance of the offence

complained of and order issue of process to the accused.

Learned counsel submits that, the learned Magistrate

has rightly issued the process against the applicants-

accused. Complaint discloses the ingredients of offence

12 CRI APPLN NO.1596.2005.odt

for which process has been issued against the

applicants-accused. No interference is required. There

is no substance in this criminal application and the

criminal application is thus liable to be dismissed.

6. Learned counsel for respondent-original

complainant places his reliance on the following cases :-

1. Fakhruddin Ahmad Vs. State of Uttaranchal

and another reported in 2008 AIR SCW 5881.

2. M/s. India Carat Pvt. Ltd., Vs. State of

Karnataka and another reported in 1989 SC page 885.

3. Jitendra Chandrakant Mehta Vs. M/s

Shamrock Impex Pvt. Ltd., and others reported in reported in 2006 (4) Mh.L.J. 355.

7. I have also heard the learned APP for the

Respondent State.

8. It appears from the allegations made in the

complaint that, initial charge-sheet issued and served

on the complainant signed by the then Secretary. In

terms of provisions of Rule 32 of the M.E.P.S. Act, 1977,

if, any, inquiry is to be held against the head of an

institution, it must be conducted by the President of the

13 CRI APPLN NO.1596.2005.odt

Management. However, another charge sheet of the

same date was prepared under the signature of the

President and it was produced before the School

Tribunal after hearing is completed in the appeal. It

was main ground in the said appeal before the School

Tribunal that charge sheet was issued by the Secretary

and not by the President. Consequently, a false and

fabricated document in the shape of second charge

sheet under the signature of the President was

prepared.

9. It is a matter of record that, after arguments were

over before the School Tribunal, a copy of the charge

sheet signed by the President was produced before the

Tribunal without giving an opportunity to the

complainant-respondent to lead any evidence or to

advance arguments on that document. The Division

Bench of this Court in LPA No.4/2004 observed that

copy of the charge sheet purported to have been signed

by the President was produced before the School

Tribunal and the Presiding Officer of the School

Tribunal did not call upon to the appellant to give his

14 CRI APPLN NO.1596.2005.odt

say on the application for production of the document

and without giving an opportunity to the appellant,

allowed the application seeking production of the said

document. Thus, the application for production was

allowed and further the Presiding Officer has relied on

the said document in his judgment. The Division Bench

has observed that, since the opportunity of hearing at

the stage of production of the said document was not

given to the respondent-complainant herein, it would be

necessary to ignore the production of the said

document. The Division Bench of this court in the

aforesaid L.P.A. has further observed that, the

respondent-complainant herein had failed to discharge

its burden that subsequent charge sheet was not signed

by the President, but by the Secretary. Thus, the

Division Bench has declined to interfere into the order

passed by the learned Single Judge and accordingly,

dismissed the L.P.A. However, there is prima facie case

as alleged in the complaint that the applicants-accused

prepared and submitted another document in order to

fill up the lacuna. Same is also evident from the

statement of two witnesses recorded during the course

15 CRI APPLN NO.1596.2005.odt

of the investigation by the concerned I.O.

10. Learned counsel for the applicants-accused has

vehemently submitted that, it is for the Presiding Officer

of the School Tribunal to take action against the

applicants-accused and in view of the provisions of

Section 195 read with section 340 of Cr.P.C. there is a

clear bar to entertain such a complaint if filed directly

before the Court. In a case of Jitendra Mehta (supra)

relied upon by the learned counsel for the respondent-

original complainant in paragraph no.16 of the

judgment, the Supreme Court by referring the judgment

reported in 2005 (3) Mh.L.J. (SC) 530 [Iqbal Singh

Marwah and another Vs. Meenakshi Marwah and

another] in paragraph no.16 of the judgment has made

following observations :-

16. In view of this judgment, the objection of Mr. Chitnis, is required to be rejected. It is not the case

of the complainant that forgery in respect of the said letter was committed after the document was produced before the Small Causes Court and therefore the bar under Section 195 would not apply and complainant was justified in moving the Magistrate and the Magistrate was justified in passing further order.

16 CRI APPLN NO.1596.2005.odt

11. In the aforesaid case, the complainant had alleged

commission of forgery of certain documents produced

before the small causes court. Accused therein had

taken a plea that if at all document before the small

cause court was forged one or forgery was committed in

respect of any document before the small cause court,

then no complaint can be filed excepting upon the

complaint in writing by that Court in view of the

provisions of section 195 of Cr.P.C. Supreme Court has

observed that, it was not the case of the complainant

that forgery in respect of the said document was

committed after it was produced before the small causes

court and therefore, bar under section 195 wold not

apply.

In a case Iqbal Singh Marwah (supra) in paragraph

no. 6 of the judgment the Supreme Court had an

occasion to discuss the question regarding

interpretation of clause (b) (ii) of Sub section (1) of

Section 195 as above.

"One possible interpretation is that when an offence described in Section 461 or punishable under Section 471, Section 471 or Section 476 IPC is alleged to have been committed in respect of a document which is subsequently produced or

17 CRI APPLN NO.1596.2005.odt

given in evidence in a proceeding in any court, a complaint by the Court would be necessary. The

other possible interpretation is that when a document has been produced or given in evidence in a proceeding in any Court and thereafter an

offence described as aforesaid is committed in respect thereof, a complaint by the Court would be necessary. On this interpretation if the offence as described in the Section is committed prior to

production or giving in evidence of the document in Court, no complaint by Court would be necessary and a private complaint would be maintainable."

12. The Supreme Court held that Sachida Nand Singh

Vs. State of Bihar reported in 1998 (2) SCC Page 493,

was correctly decided and the view taken therein was a

correct view. Section 195 (1)(b)(ii) would be attracted in

respect of the document after it is produced or given in

evidence in proceeding in any court. The Supreme

Court in the facts of the said case, further observed

that, so far as that question is concerned it was

nobody's case that offence enumerated under section

195 (b)(ii) was committed in respect of the said Will

after it was produced in the Court. Thus, the Supreme

Court held that, bar under section 195 (1) (b) (ii) Cr.P.C

would not come into play and there was no embargo on

the power of the court to take cognizance of the offence

on the basis of the complaint filed by the respondent.

18 CRI APPLN NO.1596.2005.odt

13. In the instant case, it is not the case of the present

respondent-complainant that forgery in respect of the

said charge sheet was committed after document was

produced before the school Tribunal. Thus, bar under

Section 195 of Cr.P.C. would not apply and respondent-

complainant has justified in moving the Magistrate and

the Magistrate is also justified in passing further orders.

14.

Learned counsel for the applicants-original

accused has vehemently submitted that, though,

investigating officer has submitted the report in the

negative, the learned Magistrate has erroneously relied

upon the statements of two witnesses recorded during

the course of the aforesaid investigation and issued the

process against the applicants-accused. It is well

settled that, the Magistrate is not bound by the opinion

of the investigating officer and he is competent to

exercise his discretion irrespective of the view expressed

by the police in their report and decide whether offence

is made out.

15. In a case Fakhruddin Ahmad Vs. State of

19 CRI APPLN NO.1596.2005.odt

Uttaranchal and another (reported in 2008 AIR SCW

5881) supra relied upon by the learned counsel for

respondent in paragraph nos. 9 and 10 of the judgment,

the Supreme Court has made following observations :-

9. One of the courses open to the Magistrate is

that instead of exercising his discretion and taking cognizance of a cognizable offence and following the procedure laid down under Section 200 or Section 202 of the Code, he may order an investigation to be made by the police under Section 156 (3) of the Code, which

the learned Magistrate did in the instant case. When such an order is made, the police is obliged to

investigate the case and submit a report under Section 173 (2) of the Code. On receiving the police report, if the Magistrate is satisfied that on the facts discovered or unearthed by the police there is sufficient material

for him to take cognizance of the offence, he may take cognizance of the offence under Section 190 (1) (b) of the Code and issue process straightway to the accused. However, Section 190 (1) (b) of the Code does not lay down that a Magistrate can take cognizance of

an offence only if the investigating officer gives an opinion that the investigation makes out a case against

the accused. Undoubtedly, the Magistrate can ignore the conclusion(s) arrived at by the investigating officer.

10. Thus, it is trite that the Magistrate is not bound

by the opinion of the investigating officer and he is competent to exercise his discretion in this behalf, irrespective of the view expressed by the police in their report and decide whether an offence has been made out or not. This is because the purpose of the police report under Section 173 (2) of the Code, which will

contain the facts discovered or unearthed by the police as well as the conclusion drawn by the police therefrom is primarily to enable the Magistrate to satisfy himself whether on the basis of the report and the material referred therein, a case for cognizance is made out or not.

16. In a case of M/s India Carat Pvt. Ltd., Vs. State of

20 CRI APPLN NO.1596.2005.odt

Karnataka reported in AIR 1989 Supreme Court page

885 (supra) relied upon by the learned counsel for

respondent in paragraph no.16 of the Judgment, the

supreme court has made following observations :-

16.The position is, therefore, now well settled that upon receipt of

a police report under Section 173(2) a Magistrate is entitled to take cognizance of an offence under Section 190(1)(b) of the Code even if the police report is to the effect that no case is

made out against the accused. The Magistrate can take into

account the statements of the witnesses examined by the police during the investigation and take cognizance of the offence complained of and order the issue of process to the accused.

Section 190(1)(b) does not lay down that a Magistrate can take cognizance of an offence only if the investigating officer gives an opinion that the investigation has made out a case against

the accused. The Magistrate can ignore the conclusion arrived

at by the investigating officer; and independently apply his mind to the facts emerging from the investigation and take cognizance of the case, if he thinks fit, in exercise of his

powers under Section 190(1)(b) and direct the issue of process to the accused. The Magistrate is not bound in such a situation to follow the procedure laid down in Sections 200 and 202 of the Code for taking cognizance of a case under Section 190(1)

(b) though it is open to him to act under Section 200 or Section 202 also. The High Court was, therefore, wrong in taking the view that the Second Additional Chief Metropolitan Magistrate was not entitled to direct the registration of a case against the second respondent and order the issue of summons to him.

21 CRI APPLN NO.1596.2005.odt

17. It is thus well settled that, upon receipt of a police

report under section 173 (2) a Magistrate is entitled to

take cognizance of an offence under section 190 (1)(b) of

the Code even if police report is to the effect that no

case is made out against accused. The Magistrate can

take into account the statement of the witnesses

examined by the police during the investigation and take

cognizance of the offence complained of and order to

issue process against the accused. The Magistrate need

not follow the procedure laid down in section 200, 202

of Cr.P.C. The Magistrate can ignore conclusions arrived

at by the Investigating Officer and independently apply

his mind to the facts emerging from the investigation

and take cognizance of the case.

18. In the instant case, the Magistrate has rightly

done so. He has not accepted the conclusions drawn by

the investigating officer and considered the statement of

the witnesses examined by the investigating officer

during the investigation and taken cognizance of the

offence complained of and further issued process

against the applicants-accused.

22 CRI APPLN NO.1596.2005.odt

19. In a case of H.S.Bains (supra) relied upon by

learned counsel for applicants-accused, the Supreme

Court has observed that a Magistrate on receipt of a

complaint, order an investigation under section 156 (3)

of Cr.P.C. and receives a police report under section 173

(1), may, thereafter, do one of three things : 1)- he may

decide that there is no sufficient ground for proceedings

further and drop action; (2) he may take cognizance of

the offence under section 190 (1) (b) on the basis of the

police report and issue process, this he may do without

being bound in any manner by the conclusion arrived at

by the police in their report; (3) he may take cognizance

of the offence under section 190 (1) (a) on the basis of

the original complaint and proceed to examine upon

oath the complainant and his witnesses under Section

200. If he adopts the third alternative, he may hold or

direct an inquiry under Section 202 if he thinks fit.

Thereafter he may dismiss the complaint or issue

process, as the case may be.

20. In the instant case, it appears that the Magistrate

had taken recourse to second category as aforesaid and

23 CRI APPLN NO.1596.2005.odt

taken cognizance of the complaint on the basis of the

statement of the witnesses recorded during the course

of the investigation by ignoring the conclusions arrived

at by the police in their report.

21. It appears from the allegations made in the

complaint that, there is a prima facie case for

proceeding and issuing process against the applicants-

accused. Prima facie, there is a material to support the

allegations made in the complaint. Learned Magistrate

has relied upon the statement of one Shri Chandrakant

Joshi and another witness Vasant recorded during the

course of the investigation by the police. Both the

witnesses in their statements have stated that

applicants-accused prepared a forged and false

resolution and false documents by way of charge sheet

against respondent-complainant. The learned Magistrate

in his impugned order has observed that, on going

through the documents placed on record, it is crystal

clear that, on the charge sheet dated 15.2.1999

Secretary had signed and again another charge sheet

was prepared which was signed by the President.

24 CRI APPLN NO.1596.2005.odt

22. In view of the above discussion and the views

expressed by the Supreme Court in the case cited and

referred above, I do not find any fault in the order

passed by the learned Magistrate. Consequently, I do

not find any substance in the submissions that the

continuation of the prosecution in form of RCC No.158

of 2003 would be abuse of the court process. Hence I

proceed to pass the following order.

                              ig         O R D E R
                            
                  I.        Criminal Application is hereby  dismissed.

                  II.       Rule discharged.
      

                  II.       Criminal   Application   accordingly   disposed 
                            of.
   



                  IV.       At   this   stage,   the   learned   counsel   for   the 
                            applicants-accused               requested                for 





continuation of interim relief for certain period. Request stands refused.

sd/-

( V.K. JADHAV, J. ) ...

aaa/-

 
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