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1978 Supreme(Bom) 140

AGRAWAL, DHARMADHIKARI
Vinayak Purushottam Kalantre – Appellant
Versus
Vikram Balwantrao Deshmukh and others – Respondent


Advocates appeared:
N.K. Iyer for Applicant. C.R. Dalvi, for Respondent No. 1; J.A. Barday, Public Prosecutor, for the State.

JUDGMENT

DHARMADHIKARI, J.:- The petitioner in the present case had filed a private complaint against the respondents before the Judicial Magistrate, First Class, Baramati for the alleged offences under Ss. 408 and 420 read with S.34 of the I. P. C. It is an admitted position that in that case the respondents before this Court were the accused persons. Thereafter by the application dated 31st of Jan. 1977 the complainant filed an application before the Magistrate requesting him to issue summonses to respondent Nos. 1 to 3 calling upon them to produce the documents enumerated in the application. This application was opposed by the respondents. Ultimately by the order dated 17th Aug. 1977 the learned Judge rejected the application filed by the complainant, as according to the learned Judicial Magistrate, First Class in view of the decision of the Supreme Court in State of Gujarat v. Shyamlal Mohanlal AIR 1965 SC 1251 : (1965 (2) Cri LJ 256) the Court has no authority or jurisdiction to issue any such summonses against the accused persons.

2. Being aggrieved by this order passed by the Judicial Magistrate, First Class, the present petition is filed by the original complainant. The main






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