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2020 Supreme(SC) 410

NAVIN SINHA, INDIRA BANERJEE
SUBHASH SAHEBRAO DESHMUKH – Appellant
Versus
SATISH ATMARAM TALEKAR – Respondent


Advocates Appeared:
For the Parties:Shivaji M. Jadhav, Sachin Patil, Rahul Chitnis, Sanjay Mani Tripathi, Anu Gupta Advocates

JUDGMENT

Navin Sinha, J.

The petitioner, an accused in the complaint case, is aggrieved by the refusal of the High court to interfere with the order of the Additional Sessions Judge, setting aside the order of the Special Metropolitan Magistrate, dismissing the complaint under Section 203 of the Code of Criminal Procedure (hereinafter referred to as "the Cr.P.C.")

2. Learned counsel for the appellant submits that respondent no.l filed a complaint under Section 156(3) Cr.P.C. alleging offences under Sections 420, 467, 468, 120B, 114 and 34 of the Indian Penal Code. The Magistrate called for a report from the police. The police, after investigation submitted report that the allegations were false. Notice was issued to the complainant, who then filed a protest petition seeking an order of cognizance and issuance of process. The Magistrate, after hearing the respondent and not being satisfied dismissed the complaint. Aggrieved, the complainant preferred a criminal revision before the Additional Sessions Judge in which the appellant was impleaded as a party respondent. No notice was issued to the appellant. The revision application was allowed and the matter remanded to the Magistrate. Rel


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