JAGDISH Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) THE present petition is directed against the judgment and order, passed by the learned District Judge -3, Dhule, dated 3.11.2012 in Criminal Revision Application No. 171 of 2009, by which the learned Revisional Court allowed the revision filed on behalf of respondent Nos. 2 to 18, thereby set aside the order, passed by the learned Magistrate, dated 22.9.2009 in Regular Criminal Case No. 794 of 2006 about issuance of process against them for the offences punishable under Sections 420, 465, 467, 468, 469, 471 and 120B of the Indian Penal Code. I have heard Shri R.J. Godbole, learned counsel for the petitioner, Shri D.R. Korde, learned Additional Public Prosecutor for respondent No. 1/State and Shri N.B. Suryawanshi, learned counsel for respondent Nos. 2 to 18.

(2.) THE present petitioner is the original complainant. He filed a complaint in the court of Chief Judicial Magistrate, Dhule against respondent Nos. 2 to 18 making various allegations in the same. The said complaint is registered as Regular Criminal Case No. 794 of 2006. It was presented in the court of the Judicial Magistrate, First Class, Court No. 2, Dhule on 4.11.2006. On very same day, learned Magistrate was pleased to call the report of police under Section 156(3) of the Code of Criminal Procedure.

(3.) ON 24.8.2009, the learned Magistrate passed an order to the effect that the report is opposed by the complainant on the ground that it is false, and therefore, the complainant was given liberty to produce his evidence, if any, till next date. On 22.9.2009, the learned Magistrate passed an order to the effect that considering the contentions of the complainant, verification and arguments advanced by the learned counsel for the complainant, the complainant has made out a prima facie case against the accused, and hence, process was issued against respondent Nos. 2 to 18 for the offences as stated in paragraph 1 of this judgment.