NANA NARAYAN SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri. S. B. Talekar, learned counsel for the petitioners, Shri. N. H. Borade, learned A. P. P. for respondent No. 1 and Shri S. D. More, learned Counsel for respondent no.2

(2.) THE petitioners Nos. 1 to 5 have invoked the inherent powers of the High Court under section 482 of Criminal Procedure Code for quashment of the order dated 17-12-1999 passed by the learned Judicial Magistrate, First Class, Bhoom, District - Osmanabad.

(3.) FEELING dissatisfied with the impugned order dated 17-12-1999 passed by the Judicial Magistrate, First Class, Bhoom, the petitioners (original accused) directly came to this High Court for quashment of the aforesaid order on the ground that the Parliament in its wisdom had thought it necessary to constitute Special Courts to try the offences under the Act of 1989. According to the petitioners, the Court of Judicial Magistrate, First Class, Bhoom is not a Special Court within the meaning of Sec. 14 of the Act of 1989. This being the position, the learned Judicial Magistrate, First Class, Bhoom, had no jurisdiction to entertain the private complaint, examine the witnesses and to issue process for the offence punishable under section 3 (1) (x) of the Act of 1989 against the petitioners. It is further contended by the petitioners that the Special Court constituted under section 14 of the Act of 1989 alone has powers to entertain the complaint and take cognizance of the offences under the Act of 1989. It is further contended by the petitioners that the learned Judicial Magistrate, First Class, Bhoom should not have entertained the complaint, recorded statements of the witnesses and decided the question whether prima facie case is made out for trial of the offence punishable under section 3 (1) (x) of the Act of 1989. According to the petitioners, the learned Judicial Magistrate, First Class, Bhoom has exceeded his authority in entertaining the private complaint filed by respondent No. 2 and taking cognizance of the offence punishable under section 3 (1) (x) of the Act of 1989. In the result, the petitioners have prayed for quashment of the order of issue of process under section 482 of the Criminal Procedure Code.