JUDGMENT :

RANJAN GOGOI, CJI.

1. Leave granted.

2. The appellant– Satish Ukey is a practicing Advocate of the Bombay High Court. The first respondent is an elected member of the Maharashtra State Legislative Assembly and is presently holding the post of Chief Minister of the State of Maharashtra.

3. The appellant had filed a criminal complaint before the learned Judicial Magistrate First Class, Nagpur for registration of a case against the first respondent under Section 125-A of the Representation of the People Act, 1951 (hereinafter referred to as “the 1951 Act”). The learned Judicial Magistrate First Class, Nagpur by order dated 7th September, 2015 dismissed the complaint. In Revision, the learned Sessions Judge, Nagpur remanded the matter to the learned trial Court for a de novo consideration. Aggrieved, the first respondent moved the High Court and the High Court having set aside the order of the learned Sessions Judge by its judgment and order dated 3rd May, 2018, the prese