1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.61/2008 Kamlakar +3 .V/s. Digambar +1. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. P.S. Patil, counsel for petitioners. Mr. A.M. Jaltare, counsel for respondent no.1. CORAM:- R. Y. GANOO, J. DATED:- 28 th JULY, 2009. 1. The respondent, herein, filed complaint against the petitioners in the court of Judicial Magistrate, First Class, Washim being Criminal Application No.746 of 2007 alleging therein that the petitioners have committed offences punishable under sections 323, 294, 504, 506, 447 read with section 34 of the Indian Penal code. The learned Judicial Magistrate,First Class, attended to the said complaint and issued process against the petitioners under section 323 read with section 34 of the Indian Penal Code. This order came to be passed on 23rd July 2007. Petitioners challenged this order in the District Court by filing Criminal Revision No.50 of 2007. The learned Additional Sessions Judge, Washim by order dated 11/12/2007 dismissed the said revision. Hence this application. 2. I have heard learned advocate Mr. Patil for the petitioner in order to ascertain whether the learned Judicial Magistrate,First 2 Class, Washim has done it properly. It was necessary to read the text of the complaint and on a bare perusal of the said complaint prima facie it indicates that an offence under section 323 of the Indian Penal Code is disclosed. The learned Judicial Magistrate, First Class, Washim did not accept all the contentions of the petitioners but limited his order to section 323 read with section 34 of the Indian Penal code. The learned Additional Sessions Judge confirmed the said order. I have perused the entire record. In my view both the courts have looked to the matter in the proper perspective in as much as prima facie case for issuance of process under section 323 read with section 34 of the Indian Penal Code has been made out. No interference is required in the impugned orders passed by the learned Judicial Magistrate, First Class, as well as the learned Additional Sessions Judge. The petition is required to be dismissed at the stage of the admission. Hence the order. Petition is dismissed at the stage of admission. JUDGE nvt.