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2001 (8) TMI 67

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..... he file it is clear that in this case every time this court is giving fixed date. On August 3, 2000, learned senior counsel himself took the date August 16, 2000, thereafter on August 16, 2000, again Shri Abhyankar prayed for time and for a fixed date of September 8, 2000. On October 14, 2000, again adjournment was asked on the ground that learned senior counsel is busy before some other Bench an .....

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..... ch is pending since March 29, 1984. The petitioner has also earlier filed the petition under section 482 of the Criminal Procedure Code, 1973, for quashing the complaint on similar grounds which was registered as M. Cr. C. No. 1470 of 1990 and was dismissed on January 13, 1993 (D. H. Secheron Electrodes P. Ltd. v. Union of India [1993] 204 ITR 824 (MP)). Therefore, from the order of this court dat .....

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..... law that when there is a prima facie case against the accused at the time of framing of charge no interference should be made in revision as the revisional jurisdiction of the High Court under section 401 should not be exercised except in exceptional cases where the trial court has no jurisdiction to try the case or the order is otherwise invalid under the law. In this case the learned trial cour .....

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..... nce of the parties. Therefore, I do not think that the trial court has committed any illegality in framing the charge against the petitioner and, therefore, it would be proper for this court to allow the trial court to proceed against the applicant. This court has already examined the availability of the prima facie material on record against the applicant-accused in a petition under section 482 o .....

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