MADHAVRAO GAJANAN DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition has been mentioned in the board, as fixed for final hearing. It pertains to year 1997. Hence, this petition is being decided on merit in the absence of petitioner. The Criminal Case, which has been challenged is on police report. Shri Shringarpure, Additional Public Prosecutor for State of Maharashtra, is heard. Hence, it is also not necessary to wait for the presence of respondent No. 2, who has been served with the notice of hearing of this petition.

(2.) THE petitioner has assailed the prosecution, which he is facing in the Court of J. M. F. C. (Railway) V. T. for offences punishable under Sections 451, 504 and 506 (I) of Indian Penal Code. The said prosecution is based on a complaint, which was filed with the police by respondent No. 2 alleging that on 3/2/1995 at 2 P. M. the petitioner entered in his office and abused him in filthy language, threatened him and asked him to transmit the fax message to given address. When respondent No. 2 refused to do so, it has been alleged that, the petitioner abused him in filthy language and threatened him. On the said complaint the investigation started and the petitioner was prosecuted in the above mentioned Courts. The said prosecution bears Criminal Case No. 207/p/1995.

(3.) SECTION 504 of Indian Penal Code Provides: