SUMATI BHALCHANDRA BHIRANGI Vs. PRABHAKAR SHANKARRAO HANDE

JUDGEMENT

(1.) THIS is a petition challenging the issue of process in Criminal Case No.74 of 1986 on the file of Judicial Magistrate,First Class, Miraj. Heard the learned Counsel for the petitioners and the learned A.P.P. for the State. None appeared for the respondent No.1.

(2.) THE first respondent filed a private complaint in the Court below against the petitioners and one more accused. After recording the sworn statement of the complainant, the learned Magistrate referred the case to the police for enquiry and report under Section 202 Cr.P.C. THE police recorded statements of some witnesses including the complainant and the accused and submitted a report that the dispute is purely of civil nature. THEreafter the learned magistrate on the basis of the said report and the material on record thought fit to issue process against only accused Nos. 2 and 3 under Sections 406 and 420 read with Section 34 I.P.C. Being aggrieved by that order, accused Nos.2 and 3 have come up with this petition.

(3.) IN the result, the petition is allowed. The issue of process in Criminal Case No.74 of 1986 is hereby quashed. However this order is without prejudice to the rights of both the parties to be agitated in a competent civil Court in accordance with law. Petition allowed.