Ganesh Shivramji Mehare & ANR Vs. Mangesh Vasantrao Deshpande & ANR

[Criminal Appeal No.1146 of 2012 arising out of S.L.P. (Crl.) No.2391 of 2012]

O R D E R

Leave granted.

Having heard learned counsel for the parties to the lis, we are of the opinion that the High Court, in exercise of its powers under Section 482 of the Criminal Procedure Code, ought not to have interfered with the orders passed by the learned District & Sessions Judge, Akola in Case No.Misc.Cr.Appln.No.803 of 2011, dated 13.12.2011. Accordingly, we allow this appeal and set aside the orders passed by the learned single Judge in Case No. Crl. Application (APPLN) No.6 of 2012 dated 29.02.2012 and restore the orders passed by the District & Sessions Judge, Akola.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI;

JULY 30, 2012

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