JAYSHREE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. By consent, heard finally.

(2.) The petitioner is the original complainant in Regular Criminal Case No. 248 of 2010, pending before the 4th Judicial Magistrate (First Class), at Osmanabad. The complaint was filed against five persons mentioned as accused therein, including the respondent nos.2, 3 and 4, who are mentioned as the accused nos.3, 4 and 5, respectively, in the said complaint. The allegation in the complaint was in respect of offences punishable under Sections 120-B of the Indian Penal Code [For short, "IPC"], 465 of the IPC, 468 of the IPC, 471 of the IPC, 323 of the IPC, 506 of the IPC, read with Section 34 of the IPC. The other two accused mentioned, as such, in the complaint are one, Sunita Dattatraya Jamale, who was Sarpanch of village Tadwala at the material time, and one, Ashok A. Mhetre, who was the Gram Sevak of the said Grampanchayat at the material time.

(3.) The learned Magistrate, after examining the petitioner and her witness, ordered investigation under the provisions of Section 202 of the Code of Criminal Procedure, 1973 [For short, "the Code"], to be carried out by the Police. After considering the report of investigation submitted by the Police, the learned Magistrate by his order dated 1-2-2012, directed process to be issued against all the accused persons with respect to the offences punishable under Sections 120-B of the IPC, 465 of the IPC, 468 of the IPC, 471 of the IPC, 323 of the IPC, 506 of the IPC, read with Section 34 of the IPC. The respondent nos.2, 3 and 4 herein (original accused nos.3 to 5, respectively) challenged the said order issuing process by filing an application for revision in the Court of Sessions. The learned Ad-hoc Additional Sessions Judge-1, Osmanabad, who heard the revision application, allowed the same and quashed the order issuing process.