VITHOBA AKOBA PISAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is challenging the show-cause notice issued by the Judicial Magistrate, First Class, Koregaon under section 250 of the Criminal Procedure Code, asking him to show cause why he should not be directed to pay reasonable compensation to the accused for initiating baseless prosecution against him and also the notice which was issued under section 344 of the Criminal Procedure Code, asking him to show cause why he should not be tried summarily for giving false evidence on oath.

(2.) RULE, in this matter, was granted and the interim relief in terms of prayer clause (b) was granted on 5/7/1995.

(3.) THE learned Counsel appearing on behalf of the petitioner has taken me through the judgment and order of the J.M.F.C., Koregaon. The Trial Court acquitted the accused on the basis of the certificate which was issued by the Medical Officer P.H.C. Wathar in which it was stated that the petitioner had sustained injuries due to fall from the wall. In his evidence, the complainant i.e. the petitioner herein stated that the accused lifted him and threw him down on the heap of stones because of which he sustained injury on his leg. The Trial Court disbelieved his evidence. P.W. 2 - Mohan Godse who was examined by the prosecution turned hostile. The Trial Court also relied on the admission which was given by the petitioner in his cross-examination and on the basis of the said admission acquitted the accused.