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1998 Supreme(Bom) 430

T.K.CHANDRASHEKHARA DAS
Ramesh Mahadeo Sawant – Appellant
Versus
Daulatrao Lembe and another – Respondent


JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---This writ petition has come up for hearing on 4-8-1998. The Counsel for the petitioner was absent. The A.P.P. Smt. Usha Kejariwal appeared for the State. Hence the case was adjourned for today as part-heard. Today also, when the matter came up before the Court, the Counsel for the petitioner was absent. So I decided to proceed with the matter in the absence of the petitioner or his Counsel. I heard A.P.P. Smt. Usha Kejariwal.

2.The petitioner challenges in this writ petition, the order passed by the Additional Chief Metropolitan Magistrate, 40th Court, Girgaum, Bombay on 31-7-1990 in Case No. 34/89, where the first respondent was implicated for the offences punishable under sections 457, 427 and 380 of the Indian Penal Code. The lower Court by the impugned order dismissed the complaint filed by the petitioner for want of sanction under section 197 of the Criminal Procedure Code.

3.The allegation made by the petitioner in the complaint was that while he was working as Manager in Country Liquor Bar bearing the name and style of 'Manashanti Country Liquor Bar' which is situated opposite Novelty Cinema, Bombay-7. He was residing in the premis








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