SUBHASH LUTHER MANMOTHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, who was at the relevant time serving as District Joint Registrar and Collector of Stamps, Parbhani. By this petition, the challenge has been made to an order of issuance of process passed by the Judicial Magistrate First Class (J. M. F. C.), Aurangabad. The same order has been confirmed by the IInd Additional District Judge, Aurangabad by the impugned order dated 20-11-1996.

(2.) Some time in the year 1994, the petitioner was posted as Joint District Registrar and Collector of Stamps at Aurangabad. Respondent No. 3 during that period remained posted in the District of Aurangabad for 13 years, Respondent No. 2 the Inspector General of Registration, transferred respondent No. 3 on promotion to Buldhana. Respondent No. 3 demanded the reversion, as he was not interested in the promotion.

(3.) There is a communication on record, at page 29 dated 22-4-1996, by the department of respondent No. 2 to the petitioner, in reference to his applications dated 1-3-1996 and 12-3-1996, that there was no sanction/permission granted by the department for initiating any criminal proceeding, on the complaint filed by respondent No. 3. The learned advocate appearing for respondent No. 3 however, now, makes a statement that no such communication was received by respondent No. 3 at any point of time. There is no affidavit filed in this petition. There is no challenge made to this communication also.