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2014 Supreme(Bom) 478

T.V.NALAWADE
Sachin – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
For the Petitioner:A.R. Deokate, Advocate.
For the Respondent: B.L. Dhus, Additional Public Prosecutor.

JUDGMENT

1) This writ petition is filed to challenge the order made by the learned Judicial Magistrate, First Class, Ardhapur in Misc. Criminal Application No.63 of 2013. The petitioner had filed an application before the Judicial Magistrate First Class and he had requested the learned Judicial Magistrate First Class to send the matter to police under section 156(3) of the Code of Criminal Procedure, 1973 (“the Code") for registering crime and for making investigation. After hearing the counsel of the petitioner and after going through the documents, the learned Judicial Magistrate First Class held that it would not be proper to direct investigation under section 156(3) of the Code. Learned Judicial Magistrate has kept the matter for recording verification and thus has indicated that he will take cognizance of the matter. The petitioner has a grievance that the matter is not sent for investigation under section 156(3) of the Code. Both the sides are heard.

2) Before the Judicial Magistrate, present petitioner, who is an Advocate, has made allegation against as many as 11 persons, who include the officers of the Pollution Board of the State. Respondent No.1 Shri. Garg owns a stone cr





























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