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1957 Supreme(Bom) 71

R.S.BAVDEKAR
C. B. L. Bhatnagar – Appellant
Versus
The State – Respondent


ORDER

1. This is an application for revision from a complaint which has been filed in regard to an offence of defamation committed by the petitioner by certain articles published by him. The complaint in this case, it is common ground now, was presented by the Public Prosecutor for Greater Bombay to the Registrar of the City Sessions Court. It purported to be a complaint filed by the State of Bombay at the instance of Mr. M.S. Prasad, Income-tax Officer, C-III Ward, having his office at Aayakar Bhavan, Church-gate, Bombay. The complaint is signed by Mr. M. S. Prasad, who has also affirmed it before the Registrar of the City Sessions Court. At the bottom there is an endorsement that the complaint was drawn by the Public Prosecutor for Greater Bombay, which is not signed by anybody. Now, when a warrant was issued against the petitioner he raised a contention before the learned Additional Sessions Judge, to whom the complaint went for disposal, that he could not take cognizance of the Offence, because the complaint had not been filed by the Public Prosecutor. This contention of his has been overruled by the learned Additional Sessions Judge, and he has come here in revision.

2 Now, the






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