SHANTARAM BALYA SANKHE Vs. KALIRAM GAJANAN SANKHE

JUDGEMENT

(1.) THIS criminal writ petition is filed by the petitioners/original accused, being aggrieved by the order of issuance of process, dated 16th January, 1993 passed by the Judicial Magistrate, First Class, Palghar, under sections 447, 452, 427, 504, 506 (2) read with section 34 of the Indian Penal Code. This order of issuance of process was passed by the Judicial Magistrate, First Class, Palghar, against the present petitioners/accused, after taking cognizance of the complaint dated 16th January, 1993, filed by the complainant/respondent No. 1 herein-Kaliram Gajanan Sankhe.

(2.) FEW facts, which are required to be stated to appreciate the controversy involved, are as follows: petitioner No. 1/shantaram Balya Sankhe, at the relevant time, was Sarpanch, petitioner No. 2/khanderao Chaintaman Pimpale was Upa-Sarpanch and petitioner Nos. 3 to 15 were members/office-bearers of the Gram panchayat, village Kolwade, taluka Palghar, District Thane.

(3.) AS per the averments made by the complainant/kaliram Gajanan Sankhe in his complaint dated 16th January, 1993, the complainant was residing along with his family members in the said village and had his own house at Kolwade within the area of Gaothan which was the ancestral house of the complainant. There was a partition between the complainant and his family members of the ancestral house in the year 1984. The complainant carried out repairs in the year 1986 of the portion of the house, which came into his possession and occupation. The verandah was reconstructed with slab thereon. The complainants son was unemployed. Therefore, the complainant started a grocery shop in the verandah for his son. The Gaothan land was in occupation and possession of the complainants family for generations.