PRADEEP BHIMRAO BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Mundargi, learned Amicus Curiae, Mr. Vaibhav Ugle, learned Amicus Curiae, Mr. Sudatta Patil, learned Counsel appearing for the Petitioners, Ms. P. P. Bhosale, learned APP for the State and Mr. Nikhilesh Pote, learned Counsel appearing for the Respondent No.2.

(2.) By the present Writ Petition filed under Article 227 of the Constitution of India and under Sec. 482 of the Code of Criminal Procedure, 1973 ("CrPC") the challenge is to the legality and validity of the Order dtd. 12/7/2005 passed by the learned Additional Sessions Judge, Sangli in Criminal Revision Application No.164 of 2004 ("impugned Order").

(3.) By the impugned Order dtd. 12/7/2005 the learned Additional Sessions Judge, Sangli dismissed the said Criminal Revision Application No.164 of 2004. In the said Criminal Revision Application No.164 of 2004, challenge was to the legality and validity of the Order dtd. 28/9/2004 passed by the learned Judicial Magistrate, First Class, Miraj in Regular Criminal Case No.166 of 2004. By the said Order dtd. 28/9/2004, process has been issued by the learned JMFC against about 11 Police Personnel, who were at the relevant time attached to the Miraj City Police Station, Miraj. The said Order dtd. 28/9/2004 reads as under :-