RAGUNATH JAGGANATH KAULKAR Vs. PUSPA SAHEBRAO WAGH

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.

(2.) The petition under Articles 226 and 227 of the Constitution of India, challenging the order dtd. 09/05/2022 passed by the learned Judicial Magistrate, Jalgaon Jamod, in Miscellaneous Criminal Case No. 73/2019 wherein issue process order was passed and the order dtd. 23/04/2025 passed by the learned Additional Sessions Judge, Khamgaon, in Criminal Revision Application No. 28/2022 whereby the Revisional Court dismissed the revision petition filed against the aforesaid order.

(3.) The respondent no. 1 initially lodged a complaint on 18/03/2019 with the Police Station, Jalgaon Jamod. As no action was taken on the aforesaid complaint, respondent No. 1 herein filed Criminal Miscellaneous Application No. 73/2019 before the learned Judicial Magistrate, Jalgaon Jamod alleging that petitioners operate "Shri. Sant Tukaram Nagari Sahakari Path Sanstha' on the ground floor of J.T. Patil Complex which is situated in front of Bus Stand in Jalgaon Jamod. On 16/03/2019 between 8:30 p.m. to 9:00 p.m, the petitioners came to the house of respondent no.1. As no male member of the family was present at the relevant time, respondent no. 1 requested petitioners to come back. However, taking advantage of absence of male members, petitioners forcefully entered her house by pushing her and in threatening tone demanded that they be permitted to put the board of their society in front of her complex. They also stated that they have earlier made a complaint to the Nagar Parishad to demolish the illegal construction of respondent no. 1 and if respondent no. 1 pays Rs.5,00,000.00 to them then no action on the said complaint will be taken by the Nagar Parishad as the wife of accused no. 2 is a Councillor in Nagar Parishad belonging to Bhartiya Janta Party (BJP). It has also been claimed that petitioners along with pushing and threatening respondent no. 1 also used abusive language against her and threatened to kill her if she refuses to pay Rs.5,00,000.00.