DASHRATH KISHAN KOTKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner No.1 is a Police Sub-Inspector in the State Traffic Branch at Nasik while the petitioner No. 2 is Head Constable in the same Branch at Thane. The petitioner No.1 has a Farm where watermelons are grown. One Waman was engaged by him to look after watering and rearing of fruit. In the month of March 1986 the said Waman had collected the fruit crop from petitioner No. 1s field and despatched it in to a dealer in Bombay by truck. He had received Rs. 2,257/- as consideration of the sale of crop. The said Waman on receipt of the amount claims to have forwarded the amount to his Master-Petitioner No.1. It is further the case of the complainant Waman, that on 25th March, 1986 in the morning at about 9, the petitioner No.1-his Master and petitioner No. 2 came to the farm and they suddenly assaulted him with fist blow and slaps. The petitioner No.1 also aimed a revolver at him and threatened him with death. Thereafter they went away.

(2.) This is a gist of the report lodged by Waman against the petitioners at Police Station Padgha in District Thane. On the basis of that report the Investigating Officer registered offences under sections 323,506 read with section 34 of the Indian Penal Code. The said offences being non-cognizable, the Investigating Officer informed the concerned Magistrate and sought permission to investigate the said non-cognizable offences. On securing the permission, the investigation was carried out and after a period of time on or about 22nd May, 1986, the Investigating Officer came to the conclusion that there are no sufficient grounds for forwarding the accused person to the Court for trial and hence submitted a B Summary Report to the Magistrate under section 169 of the Code of Criminal Procedure. Subsequently the learned trial Judge on 13th June, 1986 passed the following order:

(3.) It is this order dated 13th June, 1986 which is impugned by the petitioner in the petition.