SHIVLING KRISHNA ZENDE Vs. BABAN APPASAHEB KORATKAR

JUDGEMENT

(1.) BY this writ petition the original complainant has challenged the order passed in Regular Case No.183 of 1986 by the learned Judicial Magistrate, First Class, Malshiras, District Solapur granting consent and to the withdrawal from the prosecution by the Assistant Public Prosecutor.

(2.) THE complainant's case in brief is as under : That on 11-9-1986 at about 10-00 a. m. he had gone to Dahigaon to Gurtale and while returning at about 12-30 p. m. in the company of his son on cycle, the Respondents Accused nos. 1 to 12 came there and attacked and assaulted them with weapons like sticks, iron bars, axes and caused them severe injuries. His son suffered fracture injury to his right hand and after they raised shouts, his daughter Jayshree came there. On finding her father and brother having bleeding injuries, she called other persons but by that time the assailants ran away. THEreafter they were taken to the hospital at Natepute. Information was given to the Police. THEy were sent for medical examination and later on they were sent to the Civil Hospital at Solapur. After investigation into the offences disclosed in the complaint, charge sheet was filed in the Court of the Judicial Magistrate, First Class Malshiras.

(3.) THEREAFTER the case was adjourned to 22-5-1990. However, on 3-5-1990 the learned A. P. P. moved an application for taking the case on board. THEREAFTER, the learned Magistrate took case on the board and also passed an order on the application for withdrawal which was earlier filed by him, to the effect that the application is allowed and order is passed on Exh. 1 (charge sheet) and on the charge sheet, the learned Magistrate passed an order that he is satisfied with the application filed by the prosecution and hence granted permission to withdraw the case and discharged the accused.