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2005 Supreme(Bom) 619

A.H.JOSHI
Kedarnath s/o Gangadhar Agrawal – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Shri. A. V. GUPTA, P. P. KOTWAL, Advocate for the Applicant.
Shri. T. R. KANKALE, AGP, for the Respondent No. I.
Shri. V. M. DESHPANDE, Advocate for Respondent No.2.

JUDGMENT:- At the outset, Mr. Gupta learned Advocate for the applicant states that he does not press for prayer clause (a) and shall argue the application only as far as the prayer clause (b) and consequential reliefs are concerned.

2. The applicant herein filed the complaint to the Police on 05-09-2002 under Sections 467, 471 and 474 of the I.P.C. The offence complained of pertains to creation of forged and fabricated will. Police registered the non-cognizable offence and applied to the Judicial Magistrate, First Class, Akola requesting for permission to investigate the offences. The Judicial Magistrate, First Class, Akola passed an order on 10-10-2002 to the effect that:"In view of the reasons permission granted u/s 155(2) of Cr.P.C., dt.10-10-2002."

3. This order was challenged by the present non-applicant no.2 by filing a Criminal Revision Application which was registered as Criminal Revision No.235 of 2002. The present applicant was not made party to the revision application for which the applicant filed the application Exh.8 for intervention and the applicant herein was accordingly heard. The grievance represented before the Revisional Court as a ground can be grasped from the





















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