SUDHAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure Code for challenging the order dated 07.05.2014 passed by the Judicial Magistrate, First Class, Court No. 1, Daryapur in Misc. Cri. Case No. 127/2014 and the First Information Report bearing no.

(2.) /2014 registered with non-applicant no. 1- Police Station. 2. The First Information Report bearing no. 2/2014 came to be registered against the applicant nos. 1 and 2. The applicant no. 1 was Secretary of the Agricultural Produce Marketing Committee (APMC) at the relevant time and the applicant no. 2 is Assistant Registrar, appointed under the Maharashtra Co-operative Societies Act, 1960. In the First Information Report, it is alleged that the accused nos. 1 and 2 therein had encroached on the property of the APMC with intention to cause damage to the APMC and have installed doors on the shop owned by the APMC. It is alleged in the First Information Report that the said fact was brought to the notice of the applicant nos. 1 and 2, but inspite of the said fact they did not initiate any measure to remove the encroachment nor they have taken any steps for prevention of the encroachment. It is alleged that the applicant nos. 1 and 2 were in collusion with accused nos. 1 and 2 mentioned in the First Information Report. Therefore, it is alleged that all accused mentioned in the First Information Report have committed an offence under Section 447 of the Indian Penal Code.

(3.) The applicant nos. 1 and 2 have challenged the First Information Report on 10.05.2014 and this Court on 08.09.2014 issued 'Rule' and granted interim stay in terms of clause (iii) of the application.