SHRIRAM BALKRUSHNAJI AUTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr.A.D.Shinde, the learned counsel for the petitioner. Heard Mr.P.N.Muley, the learned APP for the respondent no.1. Heard Mr.V.D.Gunale, the learned counsel for the respondent no.2.

(2.) THE petitioner is the original complainant. He had filed a complaint against the respondent no.2 herein - who is a Tahsildar, alleging commission of offences punishable under sections 166 of IPC, 218 of the IPC and 219 of the IPC, by her. The learned Magistrate, after examining the petitioner on oath, dismissed the complaint holding, primarily, that cognizance of the alleged offences could not be taken without a sanction of the State Government as contemplated under section 197 of the Code of Criminal Procedure (Hereinafter referred to as 'Code '). The petitioner challenged the order of dismissal of his complaint by filing an application for Revision but, the Additional Sessions Judge -1 who heard the revision, dismissed the same. Being aggrieved thereby, the petitioner has approached this Court invoking its Constitutional Jurisdiction.

(3.) THE substance of the complaint lodged by the petitioner is as follows: That, the petitioner is owner and possessor of agricultural land bearing gat No.521. That, there were some disputes between the petitioner and one RasulKhan Pathan, and as the said Rasulkhan Pathan was obstructing the petitioner 's right, the petitioner had filed a civil suit against him. In the said civil suit, decree, by granting perpetual injunction, in favour of the petitioner and restraining the said Rasulkhan Pathan from interfering with the petitioner 's possession has been passed. That, inspite of this decision of the Civil Court, the respondent no. 2 who was, at the material time, working as Tahsildar, Jafrabad, passed an order showing possession of the said Rasulkhan Pathan in respect of the said agricultural land. Thus, by giving such a decision, the respondent no.2 is alleged to have committed offences punishable under Section 166, 218 and 219 of the Indian Penal Code.