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1991 Supreme(Bom) 85

S.W.PURANIK
Sharadchandra Vinayak Dongre & others – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - PURNIK S.W., J.:---After hearing the parties at length, I had passed the following operative order on 1st February, 1990:--

"Heard Mr. V.R. Manohar with Mr. Rahimtoola and Mr. S.V. Manohar for the petitioners and Mr. Gangakhedkar, A.P.P. for the State-respondent.

For reasons stated in the accompanying judgment, the Rule is made absolute to the extent that the order of issue of process and taking cognizance of the offence is quashed and set aside as also the order of condonation of delay. Writ be issued accordingly. This order shall govern the connected Criminal Applications."

I now proceed to give the reasons for the aforesaid order. The judgment in present Criminal Applications No. 531 of 1987 will also govern Criminal Application Nos. 623, 624, 625, 626, 812 and 1868 all of 1987 as the facts are identical and they arise out of the same proceedings.

2. This application under section 482 of the Criminal Procedure Code is directed against the order of the Chief Judicial Magistrate, Satara, dated 21st November, 1986, for quashing the order passed by the trial Court taking cognizance of the offence directing issue of process to the accused and condoning the delay in filing the
















































































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