SK BALE S O FATEH MOHAMMAD AND ARVIND VINAYAKRAO SAVANT AND TUKARAM MANKU PARLIKAR AND VITHALRAO CHINCHOLIKAR ANDSK BALE S O FATEH MOHAM Vs. HAFIZODDIN S O DADUBHAI AND SHAIKH BALE S O FATEH MOHAMMAD AND SK BALE S O FATEH MOHAMMAD AND SHAIKH BALE S O FATEH MOHAMMAD

JUDGEMENT

(1.) The petitioner Shaikh Bale son of Fateh Mohammad filed a complaint against 16 persons on the allegations that they have committed offences under sections 395, 488, 494, 506(2), 323 read with section 34 of the Indian Penal Code. In this complaint process was issued on 3-2-1975. Some of the witness were also examined on behalf of the complainant. Later on the Magistrate who issued the summons was transferred and succeeded by another Magistrate. The successor Magistrate after going through the entire evidence on record came to the conclusion that the earlier order passed under section 202 of the Criminal Procedure Code was ab initio void and illegal, and therefore, after scrutinising the whole material he came to the conclusion that the complaint filed is without any substance. Hence he dismissed the complaint under section 203 of the Criminal Procedure Code.

(2.) Being aggrieved by this order, a revision petition was filed by the petitioner before the Sessions Judge at Beed. The Session Judge at Beed came to the conclusion that the order passed by the Judicial Magistrate dismissing the complaint under section 203 of the Criminal Procedure Code which in terms amounted to review was illegal. However after going through the evidence the learned Sessions Judge also agreed with the Judicial Magistrate that the evidence does not disclose even names of the accused persons. Therefore, he maintained the order passed by the learned Magistrate of the trial Court, though under different provision namely under section 245(1) of the Criminal Procedure Code and hence ultimately he dismissed the revision petition. Against this order the present criminal application under Article 227 of the Constitution of India is filed by the original complainant Sk. Bale.

(3.) The Criminal Applications bearing Nos. 70 of 1980, 173 of 1980 and 174 of 1980 arise out of the complaint filed by the same complainant Sk. Bale against the petitioners, who are shown as accused persons in the Criminal Case bearing No. 843 of 1979 which is pending before the Judicial Magistrate, First Class at Gevrai. The Criminal Application No. 173 of 1980 is filed by as many as 72 accused persons which included some of the advocates. The Criminal Application No. 70 of 1980 is filed by Shri Savant an advocate of this Court and Criminal Application No. 174 of 1980 is filed by 2 other advocates i.e. Shri Chincholikar and Shri Hitnalikar. It is contended by the petitioners in these criminal applications that the respondent Sk. Bale is harassing them right from the year 1967 by filing false cases and making false allegations. In Criminal Application No. 170 of 1980 the whole history of the previous complaints is enumerated by the petitioners. They have also filed various orders and judgments passed in these earlier proceedings as annexures to the criminal application. As the complainant Sk. Bale was a common party to these cases by consent of parties all these matters were heard together and are being disposed of by this common judgment.