CHANDRAKANT PRAKASHRAO SHEJUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners are original accused No.1 to 4 who have challenged the order of dismissal of their criminal revision petition by Additional Sessions Judge, Majlagaon Dist. Beed on 09-12-2016, by invoking writ jurisdiction of this Court under Article 226 and 227 of the Constitution of India.

(2.) The factual matrix leading to the petition are that, the present respondent No.2 / original complainant filed Regular Criminal Case No.286 of 2016 before the Judicial Magistrate F.C., Majalgaon against the present petitioners as well as two others contending that they have committed offence punishable under Section 395, 323, 504, 506 read with 34 of the Indian Penal Code. After the verification of the complainant was recorded, the learned Magistrate has postponed the issuance of process and examined witnesses on behalf of the petitioner. Taking into consideration the complaint, verification of the complainant and statement of witnesses as well as the documents on record, issued process against the accused No.1 to 4 for the offence punishable under Section 384, 323, 504, 506 read with 34 of the Indian Penal Code. The complaint came to be dismissed for the offence punishable under Section 395 of the Indian Penal Code.

(3.) The accused No.1 to 4 have challenged the said order of issuance of process against them in Criminal Revision Petition No.36 of 2016 before Additional Sessions Judge, Majalgaon Dist. Beed. The said revision has been dismissed, and therefore, the present writ petition has been filed.