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2011 Supreme(Bom) 664

M.L.TAHALIYANI
Vijay S/o. Jawaharlal Darda – Appellant
Versus
The State of Maharashtra – Respondent


Advocates appeared:
Mr. F.T. MIRZA, Advocate for Applicants. Mrs. B.P. MALDHURE, A.P.P. for Respondent No.1.
Mr. M.P. KARIY A, Advocate for Respondent No.2.
Mr. ANAND DESHPANDE, Advocate for Respondent No.4.

JUDGMENT :-

The applicants/petitioners have moved this Court for quashing and setting aside judgment dated 22nd October, 2008 passed by Additional Sessions Judge, Yavatmal in Criminal Revision No.35 of 2008 and further to quash and set aside order passed by learned Judicial Magistrate First Class, Court No.6, Yavatmal in Criminal Complaint No.2423 of2006 on 18th August and 28th August, 2007.

2. Respondent No.2 Arun Vinayak Wanzal is original complainant in Criminal Complaint No.2423 of2006Jiled by him originally against respondent No.3 Ashok Thakare for the offence punishable under Section 500 of the Indian Penal Code. The original complaint was tiled on 8th June, 2006 alleging. inter alia, that respondent No.3 had been responsible for publication of defamatory news against respondent No.1. The statement of respondent No.2 on oath was recorded by the Magistrate on 4th August, 2006 and summons was issued against respondent No.2 on 7th September 2006.

3. Impugned order dated 18th August. 2007 came to be passed by the Magistrate on the application made by respondent No.3 for amendment of his complaint. Respondent No.3 on 13th August, 2007 had applied for amendment of the complaint and h




















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