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2016 Supreme(Bom) 544

RAVINDRA V.GHUGE
SHOBHABAI W/O GANGADHAR JAKARE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
For the Appellant : Shri Venjane Tukaram M.
For the Respondent: Shri S.N.Kendre.

ORDER :

1. This Court (Coram : T.V.Nalawade, J.) by it's order dated 01.07.2015 had stayed the proceedings in SCC No.196/2014 pending before the Court of the learned Judicial Magistrate First Class, Biloli by passing the following order:

1. Notice. Learned Additional Public Prosecutor waives notice for respondent No.1. Notice to respondent No.2 is made returnable on 05th August, 2015.

2. Learned counsel for the petitioners argued for interim stay of the proceeding on the ground that inquiry as required under section 202 of the Code of Criminal Procedure was not made even when the present petitioners, accused are not residing within local jurisdiction of the learned Judicial Magistrate. In view of this submission stay is granted to the proceedings of SCC No.196/2014 pending in the Court of the learned Judicial Magistrate First Class till next date.”

2. Respondent No.2, who is the Complainant in SCC No.196/2014, has chosen not to cause an appearance either through an Advocate or in person despite service of the court notice which was issued on 01.07.2015.

3. Shri Venjane, learned Advocate for the Petitioners, submits that Respondent No.2 has lodged a complaint on 12.09.2014 under Sections



































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