VASANT WAMAN PRADHAN Vs. DATTATRAYA VITHAL SALVI

JUDGEMENT

(1.) THE petitioner is hereby assailing correctness, propriety and legality of the order passed by Chief Judicial Magistrate, Raigad-Alibag dated 26. 9. 94 in the matter of Regular Criminal Case No. 130/94 by which he dismissed the application moved by the petitioner for discharging him in view of provisions of section 245 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for convenience ).

(2.) FEW facts need to be stated for unfolding the controversy which resulted in the complaint in which the application was moved for praying the discharge. House No. 1349 situated at Alibag happens to be belonging to the present petitioner wherein respondent No. 1, according to him, was residing as tenant. The notice issued by Municipal Council, Alibag (Annexure h) shows that the Chief Officer of the Municipal Council, Alibag asked the executive Engineer, P. W. D. Alibag to survey the said building and to find out whether it has come to the stage of dilapidation or not because the municipal Council called both, the petitioner and respondent No. 1, for hearing for coming to the conclusion as to why said building should not be demolished as it is dangerous to life of the members of public and their property adjacent to it. The said notice show that the petitioner attended the said hearing but respondent No. 1 did not attend and contended that the said building was not in dilapidated condition but it needed some minor repairs and nothing more than that. The Executive Engineer, P. W. D. Alibag submitted a report and brought to the notice of the Municipal Council that the said building was in dilapidated condition. The Chief Executive Officer of Municipal Council came to the conclusion that it was dangerous to public safety as it had supports at number of places and they are damaged substantially. In fact the said notice shows that the pillars were rotten and were affected by termites. Municipal Council opined that the said building was dangerous to human life and public property and it was necessary to demolish it in public safety. A notice was issued to respondent No. 1 and thereafter it was demolished.

(3.) RESPONDENT No. 1 filed a complaint with P. S. I. Alibag Police Station on 28. 6. 1994 alleging that the petitioner demolished the said building through Alhad, the Chief Executive Officer of the Municipal Council, Alibag and dragged him, his wife, children from the said house on Road. Not only that, he alleged that the petitioner assaulted them, abused them and threatened them by declaring that he would kill them. It appears that the police did not take the cognizance of the said complaint. Therefore, he filed a private complaint in the Court of Chief Judicial Magistrate, Alibag who took the cognizance of the said complaint and issued process against the petitioner in context with the offences punishable under provisions of sections 339, 349, 427, 441, 442, 451, 452, 445, 504, 506 of the I. P. C. as they were mentioned in the complaint filed by respondent No. 1.