JUDGMENT - R.S. PADHYE, J.:---Respondent No. 1 Dr. S.S. Katdare, filed an application, purporting to be an application under the provisions of section 145 of the Criminal Procedure Code, against the present applicant, Dr. P.K. Antia, on December 17, 1980 and it was registered as Application No. 4/N/81 of 1980 on the file of the Additional Chief Metropolitan 23rd Magistrates Court, Bombay. I am told that after this application was filed by Dr. Katdare, a show cause notice was issued to Dr. Antia, who appeared in Court and filed a reply on February 8, 1981. The learned trial Magistrate proceeded to pass a preliminary order under the provisions of sub-section (1) of section 145 of the Criminal Procedure Code on February 25, 1981, having no material other then the averments in the application of Dr. Katdare and the reply filed by Dr. Antia. It is this preliminary order, annexed to the petition as Ex. C, that is being challenged in this petition by the original respondent, Dr. P.K. Antia.

2. Before enumerating the challenge to the impugned preliminary order, it will be necessary to briefly refer to the facts alleged by the original applicant, Dr. Katdare. According to him, in July 1954,

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