PRAVIN VITTHAL KHANAPURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) By this petition, the petitioner has impugned the order dtd. 24/4/2023 passed by the Divisional Police Complaint Authority, Pune Division, Pune, by which the Authority recommended to the State Government that a detail enquiry be conducted into the allegations made by the complainant i.e. by the respondent No. 3, as prima facie a case was made out in respect of misconduct and non-registration of complainant's complaint.

(3.) Learned counsel for the petitioner submitted that a perusal of the documents including the statement of the complainant i.e. respondent No. 3 will show that no offence under Sec. 306 of the Indian Penal Code was disclosed. He submitted that the legal opinion taken by the police showed that the concerned Legal Adviser to the police had opined, after perusing the report and the statements, that proper action against the accused was taken and that no further Sec. could be applied having regard to the facts of the case. In support of his submission, learned counsel relied on the opinion given by the Legal Advisor which are at pages 76 and 140 of the petition. He further submitted that the police had taken action pursuant to the complaint made by the complainant i.e. respondent No. 3 under Ss. 504 , 506 , 500 , 511 r/w 34 of the Indian Penal Code and that in view of the legal opinion, Sec. 306 was not added.