CHANDRABHAN S O RAMA DHENGLE Vs. INDARBAI

JUDGEMENT

(1.) THIS is a criminal writ petition under Article 226 read with Articles 21 and 22 of the Constitution of India, arising out of following set of circumstances.

(2.) THE petitioner is citizen of India and permanently resides in village Pimpalwadi, Taluka Kallam, District -Osmanabad. The petitioner submits that he is a peace loving citizen and also law abiding citizen. He is agriculturist by occupation. He is married and is having two sons and one daughter. The respondent No. 1 Indirabai is his legally wedded wife. On 24-4-1995 Indirabai filed a complaint against him in Police Station Kallam, inter alia, alleging that she was beaten by the petitioner and the petitioner is in habit of abusing her. She has further alleged that the petitioner removed the hut and sold some household articles and kept the wife and the children without any shelter.

(3.) THE respondent No. 2 was working as P. S. I. at Kallam at the relevant time. On receiving the complaint from respondent No. 1, he registered the offence under sections 323, 504, 506 read with section 34 of I. P. C. but ultimately it was treated as non-cognizable offence under Serial No. 264 of 1995. The inquiry into that complaint was conducted by Police Head Constable the respondent No. 3, who at the relevant time was working under the respondent No. 2 at the same police station. During the inquiry he recorded the statements of children of the petitioner and three neighbours. The respondent No. 1 was informed that her complaint is of non-cognizable nature and therefore she may approach the Court if she so desires. On 25-4-1995 the respondent No. 2 P. S. I. , however, made a report to the respondent No. 4 the Special Executive Magistrate for ordering the petitioner to execute a bond with or without surety for keeping peace for such period as he may think fit as according to the respondent No. 2 the petitioner was likely to commit breach of peace and disturb the public tranquility. A copy of the said report is annexed to the petition at Exhibit G. At the relevant time one Shri C. G. Sousudi was the Special Executive Magistrate (L. C. B.) Osmanabad but he is now retired with effect from 11-5-1995 and one Shri D. A. Karkhelikar was working in his place as Special Executive Magistrate, who is Police Inspector (L. C. B.) Osmanabad.