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2009 DIGILAW 936 (BOM)

Suresh Shankarlalji v. State of Maharashtra

2009-07-29

S.A.BOBDE

body2009
JUDGMENT:- Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard by consent. 2. It appears from the impugned order, process has been issued mechanically without due application of mind on the basis of a verification statement which is in a format already prepared. An order similar to the impugned order was set aside in similar circumstances by this Court in Amarnath Baijnath Gupta Vs. M/s. Mohini Organics Pvt. Ltd. (2009 ALL MR (Cri.) 184). 3. In this view of the matter, the impugned order is set aside. The other accused have not approached this Court, but they will also naturally be entitled to the benefits of this order. The Magistrate shall proceed, in accordance with law. Order accordingly. Rule is made absolute.