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1980 Supreme(Bom) 87

JAHAGIRDAR, V.M.KANADE
Amrutlal – Appellant
Versus
The State of Maharashtra – Respondent


Advocates appeared:
M. V. Paranjpe with R. M. Agrawal, for Petitioner; M. R. Kotwal, Public Prosecutor, for Respondent.

Judgement

JAHAGIRDAR, J. :- This petition is directed against an order passed by the learned Additional Sessions Judge of Nanded on 26th September, 1980 in Criminal Miscellaneous Application No. 129 of 1980, which was directed against an order passed by the learned Judicial Magistrate, First Class, in Chapter Case No. 420/80 for the detention of the petitioner under Sub-Section (3) of Sec. 151 of the Cr. P.C. as amended by Maharashtra Ordinance No. 7 of 1980. From this it is clear that the order is passed by the Magistrate in pursuance of the powers vested in him under the Cri. P.C. Sub-Section (3) of Section 151 as it stands today provides for a representation to be made by the person detained against the order of the Magistrate to the Court of Session. On this representation the, Court of Session passes an order. The latter order also therefore is passed under the Cr. P.C.

2. We are informed by Mr. Paranjpe, who appears for the petitioner, and Mr. Kotwal who appears for the State, that this matter was kept for admission before a learned single Judge taking revision applications. It was mentioned by the Public Prosecutor that against the order which we have mentioned above no revisi




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