JUDGMENT - CHITRE J.G., J.:---The petitioner is hereby assailing correctness, propriety and legality of the order passed by Chief Judicial Magistrate, Raigad-Alibag dated 26-9-94 in the matter of Regular Cri. Case No. 130/94 by which he dismissed the application moved by the petitioner for discharging him in view of provisions of section 245(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for convenience).

2. Few facts need to be stated for unfolding the controversy which resulted in the complaint in which the application was moved for praying the discharge. House No. 1349 situated at Alibag happens to be belonging to the present petitioner wherein respondent No. 1, according to him, was residing as tenant. The notice issued by Municipal Council, Alibag (Annexure H) shows that the Chief Officer of the Municipal Council, Alibag asked the Executive Engineer, P.W.D. Alibag to survey the said building and to find out whether it has come to the stage of dilapidation or not because the Municipal Council called both, the petitioner and respondent No. 1, for hearing for coming to the conclusion as to why said building should not be demolished as it is dang

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