ASARAM DADARAO GIRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner met with an accident on May 21, 1988. On the next day - May 22, 1988, a police constable attached to City Police Station, Beed, recorded the statement of the petitioner in the hospital. On the basis of the said statement, crime came to be registered at C. R. No. 161 of 1988 for offences under sections 279 and 377 of Indian Penal Code. That crime was entrusted to police head constable B. No. 473 for investigation. It appears that charge-sheet could not be filed till October 22, 1988.

(2.) ON June 13, 1988 the petitioner was discharged from the hospital. He came to know that the police did not investigate the matter and, therefore, he on his own filed his private complaint before the Judicial Magistrate, First Class, Beed on November 11, 1988. The Magistrate called for report of the police under section 202, Code of Criminal Procedure and on receipt of the report issued process as against respondent No. 3-Tukaram Kale on May 6, 1989. In the meanwhile, police also filed chargesheet on October 22, 1988 against respondent No. 3 - Tukaram Kale.

(3.) BOTH the petitioner as well as on behalf of the prosecution applications came to be filed at Exhibits 22 and 23 respectively for impleading one S. J. Bhadiya as co-accused in the police case, under the provisions of section 319, Criminal Procedure Code. Those applications were granted on November 25, 1992.