BHIKU YESHWANT DHANGAT Vs. BABAN MARUTI BARATE

JUDGEMENT

(1.) THIS criminal writ petition is filed by the petitioners/ original accused, being aggrieved by the order of issuance of process, by the learned Judicial Magistrate, First Class, Pandharpur in R. C. C. No. 97 of 1989, under section 403, 420 and 468 read with section 34 of the Indian Penal Code.

(2.) THE main ground on which the order of issuance of process is assailed, is that the complaint dated 19th April, 1989 filed by respondent No. 1/original complainant-Baban Maruti Barate, is not accompanied by a list of witnesses, nor any list of documents is annexed to the complaint.

(3.) THE complaint is filed by the complainant accusing the petitioners of falsification of records in respect of land bearing Survey No. 1133, B/1 (1160) at Village Mauje, Pandharpur and also Survey No. 482. The petitioners are also accused of transferring this land in the name of the 1st petitioner and falsification of accounts and embezzlement of funds collected for constructing Dharmashala.