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Prakash S/O Dhanraj Chopda, President ... vs The State Of Maharashtra, Through ... on 26 June, 2015
cites
Priyanka Srivastava & Anr vs State Of U.P.& Ors on 19 March, 2015
11. The next contention by the learned counsel for the
applicants is based on the submissions that the proceedings in
question filed by respondent no.2 were casually entertained by the
Magistrate and the directions were casually issued by him without
application of his mind. The applicants placed heavy reliance on the
decision of the Apex Court in the case of Priyanka Srivastava Vs.
State of U.P. and others [2015(4) Scale 120]. The counsel for the
applicants in all these cases severely criticized the action of the
Magistrate in issuing the impugned order and the direction to the
investigate on the ground that there was no application of mind by him
and further that proceeding in question is nothing but abuse of process
of law. It would be necessary to advert to the facts in the decision in
the case of Priyanka Srivastava (cited supra), which are as follows:-