SURENDRA HANMANLU GANDAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants in the present matter are arrayed as accused Nos. 1 and 2 in First Information Report No. 42 of 2022 registered with Police Station Gevrai, District Beed on 27/1/2022 for the offence punishable under Ss. 166A of the Indian Penal Code (herein after referred to as 'IPC" for brevity). The said First Information Report is registered pursuant to order dtd. 24/1/2022 passed by the learned Judicial Magistrate First Class Court No. 2 (hereinafter referred to as 'J.M.F.C' for brevity)- Gevrai District Beed on application at Exhibit 7 in Criminal Misc. Application No. 391 of 2021. The applicant Nos. 1 and 2 were posted as Police Inspector and Police Station Officer at Police Station Gevrai on 21/3/2016. Respondent No.2-informant is an Advocate. He has stated that he had visited police station Gevrai on 21/3/2016 for lodging First Information Report against one Aniket Radheshyam Attal and 12 others for the offence punishable under Ss. 420, 465, 467, 468, 471, 477-A, 120B and 109 of the IPC. He states that the present applicants were duty bound to register the First Information Report since the offence was a cognizable offence, however, they failed to perform their mandatory duty and as such committed offence punishable under Sec. 166-A of the I. P. C.

(2.) Respondent No.2 had initially filed a private complaint on 25/7/2021 against the present applicants vide Criminal Misc. Application No. 391 of 2021. The said complaint was posted for recording verification statement vide order dtd. 9/10/2021. Thereafter, respondent No.2 filed application dtd. 18/12/2021 vide Exhibit 7 stating that rather than taking cognizance of the complaint, appropriate order could be passed under Sec. 156(3) of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') directing Gevrai Police Station to register First Information Report and investigate the matter. The learned J.M.F.C was pleased to pass the order dtd. 24/1/2022 directing the police inspector, Gevrai Police Station to register First Information Report against the present applicants for offence punishable under Sec. 166A of the IPC and to investigate the matter in accordance with law. In compliance of the said order, respondent No.1 has registered offence against the present applicants for offence punishable under Sec. 166A of the IPC on 27/1/2022 vide First Information Report No. 42 of 2022. The applicants are aggrieved by the said order dtd. 24/1/2022 and the First Information Report registered on 27/1/2022. They have therefore, challenged the same in the present proceeding which is filed under Sec. 482 of the Cr.P.C.

(3.) Learned Advocate Shri. S. J. Salunke for the applicants has raised the following contentions :-