VIKAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this writ petition, challenge is to the order dated 24th January, 2014, passed by learned Special Judge, Nagpur, whereby learned Special Judge on the complaint of respondent No.3 by exercising the powers under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.PC), directed the Deputy Superintendent of Police, Anti Corruption Bureau, Nagpur to conduct the investigation.

(2.) BACKGROUND FACTS:

(3.) It is stated that due to filing of the criminal case against the Police Inspector Mr. Jadhav by respondent No.3, he was annoyed. He was waiting for an opportunity. On 20th July, 2013, he got an opportunity and made use of it. It is stated that the neighbour of respondent No.3 by name Vijay Shamkuwar and his relatives on 20th July, 2013 assaulted the respondent No.3. They damaged his maruti van. Therefore, the respondent No.3 lodged a report against said Vijay Shamkuwar and his relatives on 20th July, 2013 at Kamptee Police Station. A crime bearing No.124/2013 was registered against Vijay Shamkuwar and three others under Sections 452, 294, 506, 427 read with Section 34 of the IPC. It is alleged that Police Inspector Mr. Jadhav took the advantage of this situation. He had a grudge against the respondent No.3. Police Inspector Mr. Jadhav, therefore, misused his position and instigated the wife of Vijay Shamkuwar to lodge a false report against the respondent No.3. On the basis of the false report lodged by Anju Vijay Shamkuwar, a crime bearing No.3080/2013 was registered against the respondent No.3 on 21st July, 2013 for the offences under Sections 294, 506 read with Section 34 of the IPC. In this crime, Police Inspector Mr. Jadhav handed over the investigation to ASI Mr. Ramchandra Varthi. ASI Mr. Ramchandra Varthi conducted the enquiry and came to the conclusion that the incident narrated in the FIR, registered on the report of Anju Shamkuwar, had not occurred.