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2002 Supreme(Bom) 1123

J.A.PATIL
Balasaheb Keshav Thackeray – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - PATIL J.A., J.:---By this petition under Article 227 of the Constitution of India and under section 482 of the Criminal Procedure Code, the petitioner has prayed for quashing and setting aside the order dated 21st March, 1999 regarding issue of process by the learned Judicial Magistrate, First Class, Katol in Criminal Case No. 34 of 1998. The relevant facts in brief are as under:

2. The petitioner is the Chief of Shivsena, a political party and also the Chief Editor of Marathi daily, 'Samana' and two other papers. Respondent No. 2 is the original complainant who filed the above mentioned case against the petitioner on 20-3-1998 in the Court of Judicial Magistrate, First Class, Katol for the alleged offences punishable under sections 500, 504, 505 and 171-F and 171-G of the Indian Penal Code. Respondent No. 2 claims to be the President of Yuvak Congress Committee, District Nagpur (Rural). In his complaint, respondent No. 2 has alleged that on 7-2-1998 the petitioner held a public meeting at Katol for the purpose of canvassing the Shivsena candidate for the Loksabha election. The said meeting was attended by respondent No. 2 as well as a large gathering of about 20 thousand









































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