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1988 Supreme(Guj) 197

G.T.NANAVATI
PRAVINKUMAR MANILAL MEHTA – Appellant
Versus
JYOTINDRA M. BHATT – Respondent


Advocates Appeared: C.G.MEHTA, VIRESH C.DESAI

G. T. NANAVATI, J.

( 1 ) THE opponent No. 1 has filed a complaint against the petitioner in the Court of Metropolitan Magistrate Ahmedabad alleging that the accused has committed an offence punishable under Sec. 206 of the Indian Penal Code. The Court issued process and pursuant thereto the accused appeared before the Court on 10-9-1987 Neither on that day nor on any day subsequent thereto the learned Magistrate took any evidence and straightway framed a charge on 6 The petitioner challenged in the Sessions Court that action of the learned Magistrate by filing a revision application. The Sessions Court rejected the same on the ground that it vas against an interlocutory order and therefore it was not maintainable. The Petitioner has therefore filed this application under Sec. 482 of the Code of Criminal Procedure fur quashing the charge and for directing the learned Magistrate to follow the procedure as laid down in Secs. 244 245 and 246 of the Code of Criminal Procedure.

( 2 ) IT is true that the petitioner has approached this Court under Sec. 487 of the Code after his revision application to the Sessions Court has been rejected. Ordinarily this Court would not entertain such an ap










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