PANDEY AJAY BHUSHAN Vs. SURESHKUMAR BHIKAMCHAND

JUDGEMENT

(1.) This petition is filed by the original accused nos. 1, 3 and 4 of Criminal Case No.194 of 1993 in connection with the complaint filed before the learned Chief Judicial Magistrate, Jalgaon seeking certain reliefs, under Article 227 of the Constitution of India as well as under inherent powers under section 482 of the Code of Criminal Procedure.

(2.) The petitioners are the public servants and the petitioner no.1 was the Collector and District Magistrate of Jalgaon and the petitioner no.2 was Additional Superintendent of Police, Jalgaon and petitioner no.3 was originaly working as a Sub-Divisional Magistrate at Jalgaon at the relevant time.

(3.) In the complaint, the complainant has highlighted that the Jalgaon Municipality has decided to remove unauthorised Tapri (encroachment) installed in a public place situated opposite the house of Dr.Pandit at Navi Peth near the Court building. According to the complainant, Shri Sitaram Baban Bhati the resident of nearby that Tapri, was one of the supporters of such Tapri holders. Municipal Council of Jalgaon, in order to implement the Scheme for clearing the encroachment, has opened new department and one Shri.Pandurang Bandu Kale was the Head of the Department. The complaint is in connection with the incident took place on 3rd July 1993. To remove the unauthorised Tapari (encroachment) on 3rd July 1993 at about 7.30 a.m. to 8.00 a.m. the Unit of Anti Encroachment Department, the Councillor of the Municipality, Officers and employees of the Council had gone at the said place. The complainant was away from Jalgaon. About 300 policemen came at the spot at about 10.30 a.m. to 11.00 a.m. and they obstructed the execution of the removal of the encroachment and they did not allow the Municipal Officers to perform their duties. It is the case of the complainant that the accused have used their political force by not permitting the staff of the Municipal Council for removing the unauthorised encroachment. The other Councillor and Pandurang Kale asked the respondent/public servants namely the Collector and Superintendent of Police, accused nos. 1 and 2 and others that they are committing the crime by obstructing the public servants. It is the case of the complainant that the respondents-accused have not given any hint and vehemently replied that "their word is law and they do not know any other law". It is the case of the complainant that till 5.00 to 5.30 p.m. not a single unauthorised Tapri was removed and this fact was gathered by the complainant when he returned from the village by attending the public program at about 4.30 p.m. to 5.00 p.m. in the evening. The complainant reached at the place of incident thereafter. He has narrated the incident in his complaint which took place after he reached at the place of incident. The complaint is in Marathi and its true English translation with the help of Chief Translator of the High Court, was obtained and the relevant portion of his complaint is reproduced in his words as under: