Minaz Nurrudin Palekar v. Dr Shahbaz Nurrudin Palekar And ORS

Tilak 1/2 (21)ALP-102-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.102 OF 2014 Minaz Nurrudin Palekar .. Applicant

Versus

Dr.Shahbaz Murrudin Palekar & ors .. Respondents ­­­ None for the applicant.

Mr.Sumit S. Kothari, Advocate for respondent nos.1 and 2. Mrs.M.R.Tidke, APP for the Respondent State.

­­­ CORAM : ABHAY M. THIPSAY, J.

DATED : 17th APRIL, 2015 ­­­ P.C. :

None appears for the applicant in spite of repeated calls.

Under the circumstances, the application is being decided after going through the same, the annexures thereto, and after hearing the learned counsel for the respondent nos.1 and 2. Apparently, the Magistrate was of the view that the imputations in question were protected by the 9th Exception as provided in section 499 of the IPC.

The applicant has not chosen to remain present before the Court and make submissions in support of the application. On

Tilak 2/2 (21)ALP-102-14 a reading of the impugned judgment, the view of the matter as taken by the Magistrate, appears to be a possible view. Leave refused.

Application is rejected.

(ABHAY M.THIPSAY, J)