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1983 Supreme(Bom) 123

M.P.KANODE
Subramaniam Swamy (Dr. ) – Appellant
Versus
Prabhakar S. Pai, Mayor of Bombay & another – Respondent


JUDGMENT - M.P. KANADE, J.:---By this writ petition under Article 227 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973, the petitioner has challenged the order passed by the Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Bombay, dated May 14, 1982, issuing process against the petitioner.

2. The jurisdiction of the Court to take cognizance of an offence is challenged in this petition. That arises on the following facts of the case.

3. The petitioner, Dr. Subramaniam Swamy who is a member of the Lok Sabha and Deputy Leader of the Janata Party in Parliament, is the accused in a complaint filed by respondent No. 1, Prabhakar S. Pai, who happened to be the Mayor of Bombay at the time of the filing of the complaint. It is contended by the complainant in his complaint that the General Elections were scheduled to take place in the Country in four States, namely, Himachal Pradesh, Haryana, West Bengal and Kerala. The accused in his capacity as the General Secretary of the Janata Party had been actively campaigning for the success of his Party candidates. On May 10, 1982 the accused was campaigning for the said Elections in Chandigarh in t











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