NITIN JAIRAM GADKARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Gilda, learned counsel for the applicant, Mr. Muzumdar, learned Additional Public Prosecutor for the respondent No. 1 and Mr. Dangre, learned counsel for respondent No. 2 in Criminal Revision Application No. 44 of 2000, Mr. Joshi, learned counsel for the applicants and Mr. Dangre, learned counsel for the respondent sole in Criminal Application No. 345 of 2000, and Mr. Anand Jaiswal, learned counsel for the applicant and Mr. Dangre, learned counsel for the respondent sole in Criminal Application No. 349 of 2000.

(2.) ALL the above referred proceedings are initiated by the applicants under Sections 482 as well as 397, Criminal Procedure Code, against the common order, dated 10th February, 2000, passed by Chief Judicial Magistrate, Nagpur, issuing process against the applicants for the offences punishable under Sections 200 and 201, read with Section 34 of the Indian Penal Code, in Regular Criminal Case No. 530 of 1998.

(3.) MR. Joshi, learned counsel, states that the applicant No. 1 in Criminal Application No. 345 of 2000, namely Mr. Ulhas Joshi was a Central Government Officer selected for the Indian Police Service, and, at the relevant time, he was the Commissioner of Police, Nagpur. Similarly, the applicant No. 2 in the said criminal application - Mr. M. Y. Siram, at the relevant time, was in the employment of the State. The applicant No. 1 Dhananjay Kamlakar in Criminal Application No. 349 of 2000 was, at the relevant time, Deputy Commissioner of Police, Nagpur, and the applicant No. 2 - Mr. Vinod M. Yeskade was, at the relevant time, Police Station Officer, Tahsii Police Station, Nagpur, and the applicant - Mr. Nitin Jairam Gadkari in Criminal Revision Application No. 44 of 2000 was, at the relevant time, Guardian Minister for Nagpur District. The brief facts, which are material for the controversy in issue, are as follows :-