1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.114/2009 ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.LV Sangit, Advocate for the Petitioner; Mr.PM Shinde, APP for Respondent/State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 21 st August,2009. 1. Heard learned Counsel for the original complainant. 2. The issuance of process was subject of challenge by the original accused before the Additional Sessions Judge, at Ambajogai, who by order dated 25.2.2009 set aside the order of issuance of process in RCC No.332/2007 and dismissed the complaint. 3. It was the electricity connection taken by the accused in the year 1992, for which criminal proceedings were initiated for an offence under Sections 406, 418, 426, 465, 468, 471 of IPC in the year 2007. Gap of the slumber from 1992 to 2007 has gone unexplained. That apart, the parties were not sailing well. There was controversy as to the status of the accused, either to be a tenant of present petitioner or a tenant 2 of WAKF Board . The accused asserted that his tenancy of the shop is flowing from the Wakf Board. 4. Taking these aspects into consideration, at this stage, without further adverting to the status of the original complainant/revision petitioner herein or the status of the accused - Sayed Sadak s/o Sayed Habib, the fact remains there was no material before the learned JMFC to issue process against the accused/respondent no.1 herein. Consequently, Criminal Revision application is rejected. ( K.U.CHANDIWAL ) JUDGE bdv/crrv114.09