VISHNUDAS SAMBHAJI HONMANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties, taken up for final disposal.

(2.) Present writ petition has been filed invoking the constitutional powers of this Court under Article 227 of the Constitution of India, by the original accused, for challenging the order passed by learned Additional Sessions Judge-2, Kandhar, Link Court Mukhed on 09.03.2020, in Criminal Revision Application No.33/2015, whereby the said revision came to be dismissed, which was preferred by the present petitioner. In the said revision the present petitioner had challenged order dated 10.06.2015 passed by learned Judicial Magistrate First Class, Mukhed in Regular Criminal Case No.31/2015 (old number - Other Miscellaneous Criminal Application No.48/2015). By the said order dated 10.06.2016 the learned Judicial Magistrate First Class had issued process against the present petitioner for the offence punishable under Section 420 of the Indian Penal Code.

(3.) The background of the litigation is required to be considered. Present respondent No.2 had filed an application under Section 156(3) of the Code of Criminal Procedure bearing Other Miscellaneous Application No.48/2015 for taking action for the offence punishable under Section 420 of the Indian Penal Code against the accused i.e. present petitioner. After hearing the original complainant that prayer of sending the matter for investigation under Section 156(3) of Cr.P.C. came to be rejected and the application was directed to be registered as Regular Criminal Case. Thereafter, the verification was recorded, statements of certain witnesses were also recorded and taking into consideration the material before him it was observed by the learned Magistrate that the prima facie case for the offence punishable under Section 420 of the Indian Penal Code has been made out and accordingly process was issued. It will not be out of place to mention here that it appears that present petitioner had directly approached this Court by filing Criminal Writ Petition No.1004 of 2015 challenging the said order. However, that petition came to be withdrawn on 07.08.2015 by giving liberty to the petitioner to approach the Revisional Court. Thereafter, the present petitioner appears to have filed Criminal Revision Application No.33/2015 challenging the order of issuing process against him. However, that revision came to be dismissed on 09.03.2020. Hence, the petitioner is before this Court in this writ petition. Further, it also appears from the record that has been produced that the original complainant had lodged a complaint/complaint application with the police on 22.10.2014 prior to the lodging of the complaint before learned Judicial Magistrate First Class. Inquiry appears to have been held by the police officer. Statements of witnesses were recorded. It appears that statement of petitioner was also recorded and thereafter ASI Mr. Gudsurkar attached to Police Station, Mukramabad has given report to his superior on 11.12.2014, wherein he has opined that since there is no sufficient material against the petitioner, the complaint application filed by the present respondent No.2-original complainant deserves to be disposed of without taking any action against the petitioner-accused.