KANTA BABURAO KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, heard finally. Since it was decided on the last date of hearing that the petition may be heard finally at the admission stage itself, record & proceedings in respect of the order passed by the Magistrate were called for. The record & proceedings have been received but, they are not in connection with the order passed by the Magistrate, which has been impugned by tiling the present petition. The learned Additional Public Prosecutor has, however, made available to me the copies of the police papers in the matter.

(2.) A very short point is involved in the present petition. The petitioner had lodged a complaint against the respondent No. 3 herein and some other persons, alleging commission of offences punishable under Sections 144, 148, 149, 158, 351, 379, 504, 506, 509 of I.P.C. as also, offences punishable under Sections 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned J.M.F.C., Aurangabad ordered investigation into the matter as contemplated under Section 156(3) of the Code of Criminal Procedure. After investigation, the police concluded that the complaint lodged by the petitioner was false. The police, therefore, filed 'B' summary report and also sought prosecution of the petitioner with respect to the offence punishable under Section 182 of I.P.C.

(3.) The petitioner is aggrieved by acceptance of the 'B' summary report as done by the Magistrate and has approached this Court, invoking its Constitutional jurisdiction.