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1988 Supreme(Bom) 412

V.S.KOTWAL
State of Maharashtra – Appellant
Versus
Mohammed Yusuf Noormohammed & others – Respondent


Judgment

V.S. KOTWAL, J.:---Heard Shri A.S. Bobade, the learned Advocate General for the petitioner-State, Shri S.V. Bhat, the learned Counsel for respondent No. 1, Shri K.Z.N. Jahangir, the learned Counsel for respondent No. 2 and Shri K.M. Desai, the learned Counsel for respondent No. 3.

2. An age old difference in the philosophy accepted and propagated by two sects of a Community once again came on the surface which not only caused any ripples and disturbed that atmosphere but unfortunately took a disproportionate turn and twist resulting in communal riots in some localities of this metropolis. After some hectic events there came the silver lining when peace and harmony was being restored, which however is likely to be once again disturbed and the old scar is once again likely to bleed according to the assessment of the State on account of filing of two private criminal prosecutions arising out of the same incident by two citizens. Against this backdrop the State though not directly in the arena as not having been impleaded in the said proceeding have moved this Court invoking inherent jurisdiction under section 482 of the Criminal Procedure Code for quashing of the said two com






































































































































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