JUDGMENT - CHITRE J.G., J.:-The petitioner is assailing the correctness, propriety and legality of the order which has been passed by Special Executive Magistrate, Matunga Division, Mumbai dated 2-5-1997 by which he dismissed the initial objection raised by the petitioner in respect of Chapter Case No. 11 of 1997 under section 110(e), (g) of the Criminal Procedure Code, 1973 (hereinafter referred to as Code for convenience).

2. Shri Chavan placed reliance on the judgment of Single Bench of this Court in the matter of (Lalookhan Haideralikhan v. M.M. Kamble, Special Executive Magistrate, Byculla Division, Bombay others)1, reported in 1997(Supp.) Bom.C.R. 740. By placing reliance on that judgment he submitted that for proceeding against a person in view of provisions of section 110 of the Code, he should have been convicted for any offence in the Court. Shri Chavan submitted that in the present case only complaints have been mentioned which have been filed against the applicant in Police Station and there is nothing on record to show that the present petitioner has been convicted in any of those offences complained of. He submitted that in the matter of one complaint the petitioner

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