SUBHASH RAGHUNATH INGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) :heard learned counsel for the respective parties.

(2.) IN this matter, present petitioner had filed a complaint with the Sillegaon, Police Station, Taluka gangapur, District Aurangabad, against the present respondents Nos. 2 to 9 for the offences punishable under sections 420, 468, 34 of Indian Penal Code on the allegations that they grabbed the amount from the Government in respect of the scheme for compensation to the agriculturists, whose standing ready sugar cane crop was not harvested during crushing season of 1995-1996.

(3.) AFTER investigation, the police have filed report praying for directions to prosecute the present petitioner for lodging a false complaint. Said prayer was allowed by the J. M. F. C. , Gangapur and a notice was issued to the present petitioner as to why he should not be prosecuted for lodging a false complaint. The petitioner challenged the decision by Criminal Revision No. 243 of 2000 before the court of Sessions Judge, Aurangabad. The revision petition was admitted by the order dated 8-12-2000 and notice returnable on 30-12-2000 was ordered. On 16-1-2001, the revisional court also called for the record and proceedings from the lower court. However, when the matter was fixed for hearing on 9-2-2001, the revision petitioner and his advocate were absent and therefore, the learned Sessions judge was pleased to order dismissal of the revision petition for want of prosecution. Advocate Shri Bankar has relied upon a decision of andhra Pradesh High Court, reported at 1971 Cri. LJ 1056, S. N. Sharma and others vs. State, wherein it has been observed :