BHIKKANRAO T. BAVISKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has assailed the order rendered by the Sessions Judge, Nandurbar, Dist. Nandurbar in Criminal Revision Application No.5/2023, dismissing the revision, endorsing the order of the Judicial Magistrate First Class, Nandurbar, issuing process for the offence punishable under Sec. 173 of the Indian Penal Code ("I.P.C." for short).

(2.) The complaint was presented by the bailiff of the Court of Civil Judge Senior Division, Nandurbar, who visited the office of the present petitioner for the purpose of serving summons and the orders of status- quo passed in the civil suits pending before the concerned Court. The bailiff approached the petitioner, the Chief Officer of Municipal Council, Nandurbar, for effecting service of the order of status-quo in an urgent matter, since the order of injunction restrained them from demolishing the premises of the plaintiffs in the said suits.

(3.) The complainant has stated that the petitioner refused to accept the service of suit summons. Apart from refusing to accept the summons, the petitioner also obstructed the bailiff from affixing the summons on the conspicuous part of the premises as contemplated under Order V Rule 27 of the Code of Civil Procedure ("C.P.C." for short). This obstruction led to filing of the complaint for commission of the offence under Sec. 173 of I.P.C.