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1997 Supreme(Bom) 298

VISHNU SAHAI
Ramesh Damodar Nagare – Appellant
Versus
Ashok Damodar Nagare and another – Respondent


JUDGMENT - VISHNU SAHAI, J.:---By this revision, the petitioner has impugned the order dated 25-6-1990, passed by the J.M.F.C. Nasik issuing against him process under sections 452, 323, 504 and 506 I.P.C. in Criminal Case No. 258 of 1989, arising out of a complaint filed by the respondent No. 1.

2.Facts in brief leading to the present petition are as under :---

On 16-8-1989, the complainant- respondent No. 1 filed a complaint against the petitioner in the Court of J.M.F.C., Nasik Road, with a prayer that the petitioner be punished for offences punishable under sections 452, 323, 504 and 506 I.P.C. Immediately, after filing of the complaint, statement of the complainant (respondent No. 1) was recorded under section 200 Cr.P.C. Thereafter, the case was adjourned to 29-8-1989. On that day, the J.M.F.C., Nasik was pleased to order investigation by the concerned P.S.I. under section 202 Cr.P.C. The report of the P.S.I. which was in Marathi was received in the Court of the Magistrate on 30-1-1990. I am informed by Counsel for the parties that it was in favour of the petitioner. On 13-2-1990, after perusing the police report, the J.M.F.C., Nasik directed the complainant to lead evidence









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