LAWS(BOM)-1990-7-15

HASAN BANDUBHAI SHAIKH Vs. K T KULKARNI

Decided On July 07, 1990
HASAN BANDUBHAI SHAIKH Appellant
V/S
K.T.KULKARNI Respondents

JUDGEMENT

(1.) THIS revision application has been filed by the aggrieved complainant challenging the order of the learned Additional Sessions Judge, Solapur, by which order, the Additional Sessions Judge allowed the revision application and set aside the order of the learned Judicial Magistrate, F. C. , by which order, he had directed issue of process against Respondents Nos. 1 to 7 in this case. It is not necessary to state the facts in greater detail. Suffice it to say that Respondents Nos. 1 to 7 belong to the Police force and were working at the relevant time at Akkalkot, District Solapur. The complainant's grievance, as could be gathered from the judgment of the learned Additional Sessions Judge, was that Accused No. 1 came to the Video Parlour owned by his son, on 6th October, 1986 and after making enquiries, he remarked that the owner had no proper licence. He further stated that accused No. 1 demanded a bribe of Rs. 200/- per month and threatened that in case it was not paid, he would stop the exhibition of further shows and thereafter left the place. Then the complainant approached the Entertainment Officer Mr. Ausekar and Mr. Ausekar allowed him to continue the exhibition of shows and on 7/10/1986 he actually visited the Video Theatre and asked him not to show any document to accused No. 1 and to that effect made an endorsement in the register.

(2.) IN spite of this, according to the complainant, on 23/10/1986 one constable Padwalkar came to the house of the complainant and threatened the complainant stating that he should pay a bribe of Rs. 20,000/- as a blue film was being shown in the Video Theatre. He further threatened the complainant that if the bribe was not given, Accused No. 1 would effect a raid on the Video Theatre. Thereafter the complainant told him that he would not give him any bribe and he should leave the place.

(3.) ANNOYED by this approach of the complainant, the accused No. 1 along with other Police Constables attached to his Police Station went to the Video Theatre of the complainant's son seized the property and brought it back to the Police Station.