JIGNESH PATEL Vs. EDRICH MIRANDA

JUDGEMENT

(1.) This is an application under section 482 of the Criminal Procedure Code whereby the Applicant has challenged the order dated 21.10.2015 passed in the revision application No.12 of 2015 confirming the order dated 28th May, 2015 passed under section 156 (3) of the Criminal Procedure Code in C.C. No.61 of 2015 on the file of J.M.F.C., Silvassa.

(2.) The Applicant, who is a station house officer at Khanvel Police Station, Kudcha, DNH, Silvasa, has been arrayed as accused No.2 in C.C. No.61 of 2015 filed by Respondent No.1 for offences punishable under sections 3 (iv) and (v) of Scheduled Castes and Scheduled Tribes Act, section 64 of the Bombay Police Act and sections 217 and 218 r/w. 120 B of the IPC. One Nasruddeen Suleman Khutliwala, Haribhai Rohit, the Talati, P.U. Patel, Mamlatdar and Smt. Jasuben Patel, Assistant Superintendent of Civil and Criminal Court at Silvassa, have been arrayed as accused Nos.1,3, 4 and 5 respectively. The case of Respondent No.1 is that accused No.1 Nasruddeen Sulaiman Khutliwala had in connivance with the other accused Nos. 3 and 4 had usurp the property belonging to one Halpati family. The case of the Respondent No.1 is that the Applicant herein and the other police personnels were reluctant to register the FIR even though the same disclosed the ingredient of cognisable offence. The Respondent No.1 further stated that since the Applicant herein and other police personnel dissuaded him from filing complaint he had addressed several written complaints and thereafter addressed a legal notice to the superintendent of police. The Respondent No.1 claimed that it was incumbent upon the Applicant to make necessary entry in the record and to register the FIR. The Respondent No.1 claimed that the acts committed by the Applicant constitute an offence under section 217 of the IPC. The Respondent No.1 has stated that the Applicant having failed and neglected to register the FIR, he is liable for offence under section 217 of the IPC.

(3.) By order dated 28.5.2015 under section 156 (3) of the Cr.P.C., the learned Chief Judicial Magistrate, Silvasa directed investigation of the alleged crime. The said order was challenged by all the accused including the Applicant herein in Criminal Revision Application No.7 of 2015 and 12 of 2015. By order dated 21.10.2015 the learned Sessions Judge set aside the order dated 28.5.2015 qua accused No.3 Haribhai Rohit, accused No.4 Prabhubhai Ukadbhai Patel, and accused No.5 Jasuben S. Patel. The revision application as against the accused No.1 Nasruddeen Sulaiman Khutliwala and the present Applicant Jignesh Patel was dismissed. Aggrieved by the said order the Applicant has invoked the powers of this Court under section 482 of the Cr.P.C.