VISHNU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, both the sides are heard for final disposal. This Court has perused copies of charge-sheet and the papers of investigation and also copies of other documents with regard to the dispute, which was going on between original complainant and some of the petitioners. The proceeding is filed for quashing of the criminal case bearing R.C.C.No. 95/2011, which is pending in the Court of Judicial Magistrate, First Class, Wadvani, District Beed. The chargesheet is filed against the petitioners for offences punishable under sections 420, 471, 499, 500, 504, 506, 191, 192, 193 and 34 of Indian Penal Code. The copy of order made by J.M.F.C. on Exh. 83 is produced and it shows that application filed by accused for discharge is partly allowed and the petitioners are already discharged of the offences punishable under sections 191, 192, 193 of I.P.C. Thus, present proceeding is in respect of remaining offences.

(2.) A private complaint was filed by respondent No. 2 in the Court of J.M.F.C. against the petitioners for aforesaid offences. The J.M.F.C. made an order of investigation under section 156 (3) of Criminal Procedure Code. On the basis of this order, the crime came to be registered and after making investigation of the case, the chargesheet is filed by the police.

(3.) Accused Nos. 1 to 6 are close relatives interse and the relationship is mentioned in the complaint. Similarly, accused Nos. 8, 9, 13, 16 and 17 are related to each other. Allegations are made that accused Nos. 8, 9, 13, 16 and 17 are friends and associates of accused Nos. 1 to 6. Accused Nos. 10, 11 and 12 are also said to be relatives of accused Nos. 1 and 2.