JUDGMENT - B.N. DESHMUKH, J.:---This is an application by the petitioner who was an accused person in Criminal Case No. 1886/S of 1974 in the Court of the Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Bombay, against the presiding Magistrate himself for taking action under the provisions of the Contempt of Courts Act, 1971. The petition came up for motion hearing before a Division Bench of this Court on 24th February, 1974 and rule was issued. The petition is opposed by the presiding Magistrate Shri Cordeiro. The State of Maharashtra, who is normally required to be made party in such petitions, has adopted natural attitude.

2. The facts which lead to the present petition may be briefly summarised as follows. One Arvind K. Bhandare filed a complaint in the Court of respondent No. 1, the Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Bombay, under sections 408 and 420 I.P.C. against the present petitioner Vishwanath Rajwade. The offences alleged involved certain documents in possession of the present petitioner relating to a motor-cycle which was sold. In the complaint, the complainant Bhandare his address at Mahim and made it appear that the cause of acti

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