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2013 Supreme(Bom) 1910

P.D.KODE
Subhash s/o. Kanhayalalji Zanjri – Appellant
Versus
Shamsher Khan Yakub Khan – Respondent


Advocates:
Advocate Appeared:
Mrs. ANJALI JOSHI, Advocate for the Petitioner.
Shri D.R. BHOYAR, Advocate for Respondent.

JUDGMENT

Heard Mrs. Anjali Joshi, learned Counsel for the Petitioner and Shri D.R. Bhoyar, learned Counsel for the Respondent.

2. Rule. Rule is made returnable forthwith with the consent of the parties and the matter is taken up for final hearing.

3. By this petition filed under Article 227 of the Constitution of India, read with Section 482 of the Criminal Procedure Code, the petitioner - accused has assailed an order of issuing process against him by the trial Court, as well as the order passed by the Court of Sessions, dismissing an application in revision preferred by him challenging the order of issuance of process.

4. Considering the short controversy involved in the matter it will wholly be unnecessary to recite any other facet, other than the applicant is facing the proceeding before the Trial Court, in view of the complaint made by the respondent of the applicant having committed an offence punishable under Section 420 of Indian Penal Code read with Section 2 and 11 of the Bombay Money Lenders Act. Upon the said complaint, the trial Court was pleased to issue a process against the applicant only for offence under Section 420 of the Indian Penal Code. The applicant being aggrie









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