GAJANAN LAXMANRAO PADGHAN Vs. DEEPAK PRABHUDAYAL DAJJUKA

JUDGEMENT

(1.) Heard learned Senior Counsel Shri A.S.Mardikar for the applicants, learned counsel Ms Garima Jain for the non applicant No.1, and learned APP Shri A.M.Kadukar for the non-applicant No.2/State. Admit. Heard finally by consent of learned counsel for the parties.

(2.) By the present application, the applicants are seeking quashing and setting aside order dtd. 2/11/2019 passed by learned Sessions Judge, Akola in Criminal Revision No.162/2017 and also order dtd. 2/8/2017 passed by learned JMFC, Court No.1, Murtizapur below Exh.1 in MCC No.189/2017.

(3.) The applicants are police officials and at the relevant time were posted at Murtizapur Police Station, district Akola. On 22/4/2017 they were on patrolling duty and were passing from 'Sarafa Lane'. They came across 'Sugar Cane Juice Stall' which was set up by one Parag Deepak Dajjuka. The said stall was encroaching on the road and was causing obstruction to the traffic. The applicants, therefore, asked said Parag Dajjuka to remove the said stall on which later arrogantly denied and obstructed the applicants from discharging their official duties and, therefore, the action was taken against him under Ss. 102, 110, and 117 of the Maharashtra Police Act. Said Parag Dajjuka, thereafter, was arrested and taken to the Mauritian City Police Station and the offence was registered against him vide Crime No.15/2017 under Ss. 102, 110, and 117 of the Maharashtra Police Act. He was immediately released on bail. On 24/4/2017, the applicants have submitted Istegasa (report) with regard to the aforementioned action before learned JMFC. Learned JMFC passed order on 24/4/2017 and directed that the same be registered as Summary Criminal Case. On 24/4/2017, learned Magistrate has recorded that the accused is absent and summons be issued to him on the basis of the said report. The said report was submitted along with panchanama and SANA Entry dtd. 22/4/2017. The applicants have also registered NC Report against said Parag Dajjuka and also his son as both of them obstructed public servants from discharging their official duties. The said report was registered as NC No.177/2017 for the offence under Sec. 186 of the IPC. The applicant No.1 has also sent a communication to the Superintendent of Police at Akola seeking permission to take action against the non-applicant No.1 and his son on the basis of NC No.177/2017.