GOPALRAO AMBADASRAO BORIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner assails the concurrent findings of fact arrived at by the learned IIIrd Joint Judicial Magistrate (First Class), Parbhani, vide order dated 28th May 2001 in Regular Criminal Case No.323/1999, thereby refusing to issue process against the respondent no.2, and the order passed by the learned IVth Additional Sessions Judge, Parbhani, in Criminal Revision No.007/2002, dated 16th June 2003, thereby dismissing the revision filed by the present petitioner.

(2.) THE present petitioner has filed a criminal complaint against ten accused. One of them is the present respondent no.2 who at the relevant time was working as Chief Officer of the Municipal Council, Parbhani. It is the allegation of the petitioner that the officers of the Municipal Council under the directions of the present respondent no.2, without following due procedure of law, had demanded the house tax and had attached the property and also committed criminal trespass.

(3.) HEARD the petitioner appearing as party in person, the learned Additional Public Prosecutor appearing on behalf of respondent no.1 and the learned Counsel appearing on behalf of respondent no.2.