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1980 Supreme(Ker) 93

G.BALAGANGADHARAN NAIR
CHELLAPPAN – Appellant
Versus
CHANDULAL – Respondent


Judgment :-

1. The common respondent in these petitions filed a complaint, C. C. 65/ S/1978 in the Metropolitan Magistrate's 17th Court at Mazgaon, Bombay against five accused for the offence under S.420 read with S.114, Indian Penal Code. Accused 5 is the petitioner in Crl. M. P. 1095, accused 2 and 3 are the petitioners in Crl. M. P. 1105 and accused 4 is the petitioner in Crl. M. P. 547. These accused are residents of this State and had been summoned to appear in the Metropolitan Magistrate's Court in Bombay on October 10, 1978. Crl. M. P. Nos. 1095 and 1105 were thereupon filed in this Court under S.482 of the Code of Criminal Procedure ("Code") and orders obtained on the accompanying petitions staying the case in the Metropolitan Magistrate's Court in Bombay Accused 4 actually appeared in the Bombay Court and sought exemption from personal appearance. It is stated that a nonbailable warrant against him was issued by the Court (obviously owing to his non-appearance). Following the other three accused he then filed Crl. M. P. 547. The prayer in all the three petitions is to quash the complaint on the ground that it discloses no offence and that its continuance is an abuse of the


















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