SUNIL BHASKARRAO KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicants in both the applications seek to quash process issued by learned C. J. M. Parbhani by order dated 12-10-1994 on the complaint filed by respondent No. 2. Therefore, both these applications may be disposed of by the common judgment.

(2.) To state in brief respondent No. 2 lodged a report at Police Station kotwali, Parbhani on 8-3-1993, wherein he alleged that he was serving as a branch in-charge of distribution centre Parbhani for Majur Chhap Bidi Company of Jalna. Laxman Kishanrao Goranyal, is owner of that Company. Dattu Chilka whose full name is Dattatraya Hanumant Chilka, was a Bill accountant of said majur Chhap Bidi Company. According to the report, on 1-2-1993 at about 9-30 p. m. when respondent No. 2 was in office, the accused persons namely Laxman and Dattu called him and his brother-in-law Raghuveer Kshirsagar to Niraj Hotel parbhani. Respondent No. 2 and his brother-in-law went to the said Hotel where three rooms were already booked by the accused persons. The accused persons and respondent No. 2 and his brother-in-law were sitting in room No. 106, which was closed from inside. At about 12 p. m. (midnight) one stamp vendor was called there and 12 stamp papers were purchased from him by the accused persons. At about 2 a. m. both the accused persons and three unknown persons took respondent No. 2 and his brother-in-law to his house by one Matador and they, after beating and assaulting the inmates of the house and even watchman, obtained signatures of Kusumbai Birajdar and Pratibha Kshirsagar and at the same time they also obtained signatures of respondent No. 2 and his brother-in-law on blank stamp papers. At about 2. 15 a. m. they took respondent No. 2 and his brother-in-law again to Room No. 106 at Niraj Hotel. There one unknown person assaulted and beat Raghuveer Kshirsagar. Thereafter, they were detained in the room till 9 a. m. of 2-12-1993. After giving threats etc. they also took the cheque book of respondent No. 2 issued to him by United Western Bank Ltd. , satara. In that book, on cheque bearing No. 152561, signature of respondent No. 2 was forcibly obtained and amount of Rs. 2,50,000/- was written on it. Name of kishan Venkaya Gorantyal was written as payee. At about 11-45 a. m. Respondent No. 2 and his brother-in-law were released. After that the respondent no. 2 was in depressed condition and could not understand what to do. Later on the accused persons threatened him to make arrangement for payment of the cheque amount threatening that they had obtained signatures on the blank stamp papers. On the basis of this report Crime No. 171/93 under sections 366, 341, 323, 448, 506 read with section 34 of Indian Penal Code came to be registered against Laxman Kishanrao Gorantyal, Dattu Chilka and two unknown persons, all residents of Jalna.

(3.) About the same incident and for some offences on 11-10-1994 respondent No. 2 filed a complaint against five persons including Laxman and dattu Chilka as accused Nos. 1 and 2. Accused No. 3 is S. B. Kulkarni, is an advocate from Jalna and accused No. 4 is a businessman and accused No. 5 is a stamp vendor from Parbhani. In the complaint besides the fact stated above, he alleged that he had lodged a report at Police Station on 8-3-1993 and the offence was also registered. However, investigating officer P. S. I. Bhurewar, instead of investigating the case properly, had joined hands with accused persons who are multimillionairs. P. S. I. Bhurewar had taken the complainant to Police Station and compelled him to write a note to withdraw the complaint. Due to the fear and being helpless he had to write such a note on 24-3-1995. After that incident the complainant had also made a grievance before the Superintendent of Police with a request to make proper enquiry in the matter. The complainant also came to know that Laxman had lodged a false complaint through Dattu for the offence punishable under sections 406, 420, Indian Penal Code against respondent No. 2 and 10 others with intent to harass himself and other relatives. Not only this the laxman had also filed a complaint under section 138 of Negotiable Instruments act, on account of dishonour of cheques on which signature of wife of respondent No. 2 was forcibly taken on 2-12-1993. He alleged that on 4-8-1994 when he and his wife and brother-in-law Raghuveer had been to the Court of c. J. M. Jalna on receipt of summonses they had seen accused No. 3 S. B. Kulkarni, and identified him as one of the culprits who was shown as unknown in the original report. He alleged that as the Police had not investigated the case, he was filing the private complaint. The learned C. J. M. recorded verification statement of respondent No. 2 on his complaint and issued process against all the five accused for the offence punishable under sections 341, 448, 365, 323, 506 read with section 34 of Indian Penal Codes.