MELATHARU MINING COMPANY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition under Article 227 of the Constitution of India, calls in question the legality, propriety and correctness of the Order 10/2/2021 below Exhibit 341 passed by the learned Judicial Magistrate, First Class, Sawantwadi, on an application in Regular Criminal Case No.72 of 2007, whereby the learned Magistrate rejected the Application preferred by the Petitioner, seeking direction to the police to file a supplementary chargesheet on the basis of the additional evidence i.e. audio-video record and documents produced by the Petitioner.

(2.) The litigation, which forms the subject matter of this Petition, seems to have a chequered histody. The Petitioner Company deals in the business of mining in Sindhudurg District and the State of Goa. The Petitioner Company claimed to have stored around 58000 metric ton of iron ore at Village Sateli, Taluka, Sawantwadi, District Sindhudurg. The accused threatened to invade the said property and remove iron ore therefrom. Though the Petitioner filed a written complaint with Sawantwadi Police Station, no effective action was taken and only a N.C.No.187 of 2004 was registered on the premise that the dispute was of civil nature. The accused/defendants were restrained by the civil court from causing obstruction to the possession of the Petitioner over the said property. Yet on 21/5/2007, the accused and their hire lings allegedly forcibly entered into the Petitioners' stock yard and took away 24000 metric tons of iron ore therefrom. A report was lodged on 22/5/2007 leading to registration of FIR No.45 of 2007.

(3.) As the investigation was not conducted impartially and earnestly, the Petitioner filed a Criminal Writ Petition No.994 of 2007. After recording an assurance given to the Court by the Investigating Officer that proper investigation would be conducted, by an order dtd. 6/6/2007, the Petition came to be disposed of. Another Writ Petition No.419 of 2015 was filed by the Petitioner. The same was disposed of by an order dtd. 14/8/2015 by this Court opining inter alia that a remedy under Sec. 319 of the Code of Criminal Procedure, 1973 was available to the Petitioner.