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2013 Supreme(Bom) 1972

ABHAY M.THIPSAY
Jeevan s/o. Govardhan Band – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. A.R. DEVAKATE, Adv. for Petitioner.
Mrs. S.D. SHELKE, Adv. for Respondent.

JUDGMENT :- The petitioner is the accused no.2 in R.C.C. No. 833 of 2011 pending before the learned Judicial Magistrate, First Class, Beed. The case arose out of C.R. No. 3032/2011 in respect of offences punishable under section 292 of the Indian Penal Code (IPC), section 293 of IPC read with section 34 of IPC, as also offences punishable under section 66A and section 67A of the Information Technology Act, 2000. After investigation, a charge-sheet came to be filed against the petitioner and four others, alleging commission of the aforesaid offences by them. Contending that the charge against him was groundless, the petitioner made an application for discharge, but the learned Judicial Magistrate, First Class, Beed allowed the application only partly, by discharging the petitioner with respect to the offence punishable under section 293 of IPC. The learned Magistrate was of the view that so far as offence punishable under section 292 of IPC was concerned, there were grounds for proceeding against the petitioner, and that, a trial in respect of the alleged offence was necessary.

The petitioner was not satisfied with the limited success, which he had before the Magistrate, and approach



































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