(1.) Being aggrieved by the order passed in R.C.C. No. 808 of 2005, dated 21.2.2006, passed by the 5th Joint J.M.F.C. Latur and confirmed by learned Additional Sessions Judge, Latur dated 9.2.2007, in criminal revision application No. 87 of 2006, original accused Nos. 1 and 2 have preferred this writ petition.
(2.) Brief facts giving rise to the present writ petition are as follows :-
(3.) Learned counsel for the petitioners submits that, in fact, the present petitioners have no concerned with civil dispute between the parties. It has also merely alleged in the complaint that at the instance of present petitioners, the other accused persons illegally entered in the field of respondent complainant and forcibly taken away the crops worth Rs.20,000.00. It is nowhere stated in the complaint that in what way the present petitioners are concerned with the said dispute. There is inordinate delay in filing the complaint. The civil dispute is going on between the complainant and said Gunderao on one side and original accused Nos.3 to 8 on the other side. In the said civil litigation, both the parties are claiming their possession over the land in dispute. Learned counsel submits that even accepting the allegations made in the complaint as it is, prima facie, no case is made out against the present petitioners. As per the allegations made in the complaint, they were not present at the time of incident and hence it is not clear from the allegations made in the complaint that in what way they have instigated the other accused persons to enter the field and forcibly take away the crops.