SHRIKANT PANDURANG LELE Vs. RAJANINATH GOVIND PATASKAR

JUDGEMENT

(1.) The petitioners are the original accused in a criminal case arising out of a complaint filed by respondent No. 1 in the Court No. 2 of the Judicial Magistrate, First Class at Thane. This is an application by the petitioners original accused filed in this Court to exercise its powers under section 482 of the Criminal Procedure Code. This application is directed against an order of issue of process dated 22-9-1981 passed by the learned Magistrate, II Court at Thane in Criminal Case No. 5466 of 1981.

(2.) It is not necessary to give all detailed facts. The respondent complaint is the landlord and petitioners are the tenants. There is a civil suit pending between and the parties in the Court of the Civil Judge, (Senior Division), Thane in which a question of eviction of the tenant is involved.

(3.) On 25-9-1981 the complainant has filed a complaint before the Magistrate narrating the allegations which are attracted by provisions 341, 504 and 506(1) of the Indian Penal Code. The allegation of the complainant is that the petitioners are creating nuisance to the complainant and his wife. They are obstructing and restraining the complainant and his family from going by way. They are behaving in such a manner to outrage their modestry when they pass through the staircase of the house. The complainant has also referred to certain police complaints made against the petitioners. The complaint has also given a reference to the civil suit. On the basis of this complaint, the learned Magistrate examined the complaint on oath and after verification he was satisfied and issued the process as stated above. It is this order which is challenged in this petition.