PRABHAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed to challenge the order made by J.M.F.C. Ambad in M.A. No. 168 of 2004. The J.M.F.C. has accepted the report filed by the Police and has dismissed the private complaint filed by the Petitioner against Respondent Nos. 2 to 14. Both the sides are heard.

(2.) It is the case of the complainant that one Devidas Janardhan Nivare, Advocate practicing at Paithan is the owner of a portion of Gat No. 49 situated at Kaosan. It is the case of the complainant that he was cultivating the land for this Advocate and he had taken Jawar crop at the relevant time in the land. After harvesting the crop, it was kept in front of the house of the complainant.

(3.) It is the case of the complainant that on the night between 11th February, 2004 and 12th February, 2004, all the accused came in vehicle and the police vehicle to his house and by using force, they took away the aforesaid crop from his custody. Allegations are made that they also took away cash of Rs. 20,000/- and gold ornaments of ten Tola from his house. Allegations are made that the police officers named in the complaint helped the main accused to destroy the evidence and property was disposed of. It is contended that false report was given against Devidas Nivare and his relatives that they had committed theft of aforesaid crop from the disputed portion. The complaint came to be filed on 4th March, 2004. The J.M.F.C. made order of investigation under Section 156(3) of the Criminal Procedure Code. The SDO, Ambad made investigation of the case and gave report that false complaint was filed by the present Petitioner. After receipt of this report, notice was issued to the Petitioner. Say was taken and then the Magistrate accepted the report and closed the matter.