SUBHASH RAMCHANDRA DURGE Vs. DEEPAK ANNASAHEB GAT

JUDGEMENT

(1.) THIS criminal writ petition is filed by the petitioner/original accused-Subhash Ramchandra Durge, being aggrieved by the order of issuance of process, dated 30th July, 1994, passed by the In-charge Judicial Magistrate, First Class, Ichalkaranji. The learned In-charge Judicial Magistrate, First Class, Ichalkaranji by his impugned order in R. C. C. No. 179 of 1994 took cognizance of the private complaint filed by respondent No. 2 Ramesh Annasaheb Gat, under section 211 of the Indian Penal Code and issued process against the petitioner.

(2.) FEW facts, which are required to be stated, are as follows :

(3.) THE learned Judicial Magistrate, First Class, Inchalkaranji, took cognizance of the said complaint and issued process against all the three accused by his order dated 30th May, 1986. Evidence before charge was recorded. However, by his judgment and order dated 31st March, 1994, the learned Judicial Magistrate, First Class, Inchalkaranji, came to the conclusion that the complainant-Subhash Durge, accused herein, had failed to prove his case and acquitted the accused under section 248 (1) of the Code of Criminal Procedure, 1973, of the offence punishable under section 407 read with section 34 of the Indian Penal Code. He did not stop at that. He also issued show cause notice to the complainant-Subhash Ramchandra Durge under section 250 of the Code of Criminal Procedure, 1973, asking him to show cause as to why he should not be ordered to pay the compensation to the accused.