ASHOK YADAVRAO CHAVHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant - a policeman - is aggrieved by the filing of a complaint against him and another - one K.H. Sapkal - (also a policeman) by the respondent No. 2 herein - who is a judicial officer, and the order dated 27.12.2012 passed thereon by the learned Judicial Magistrate, First Class, Bhokardan, issuing process requiring the applicant and the said other accused to appear and answer to the charge of offences punishable under section 325 of the Indian Penal Code (IPC), section 324 of IPC, section 323 of IPC read with section 34 of IPC. He has, therefore, approached this Court invoking its jurisdiction under Article 227 of the Constitution of India and the inherent powers, praying that the said complaint and the order issuing process be quashed and set aside. The facts leading to the filing of the complaint and issuance of process which are rather unusual are as under:-

(2.) After receipt of this communication, the respondent No. 2 drafted a complaint and filed the same before the other Magistrate presiding over the Court at Bhokardan. The respondent No. 2 prayed, by stating the facts in his complaint, that the applicant and the other accused be dealt with and punished in accordance with law. The learned Magistrate before whom the complaint came to be lodged, passed an order issuing process against the applicant and the other accused with respect to the aforesaid offences, which order, as aforesaid, has been challenged by the present applicant.

(3.) No notice was issued to the respondent No. 2. Initially Krishna Chakke was not made a party - respondent - to the application, but by amending the application, he was added as the respondent No. 3. Thereafter, by again amending the application, the said Krishna Chakke was deleted.