VRISHALI VEVALEKAR Vs. SURESH R.GADE

JUDGEMENT

(1.) THE judgment of acquittal recorded by the Judicial Magistrate, F.C.,Nasik, on 18th September 1996 in S.C.C.No. 521/93 is sought to be challenged by this appeal, and application for leave of this Court to file appeal. A case was instituted on a private complaint for offences under section 504 and 341 of the I.P.C. It appears that Block No.B-3 is allotted to respondent original accused No.1 by the M.I.D.C. as a lessee and as per case of the petitioner-appellant, she was put in possession of the same where she was carrying on certain business. When respondent No.1 received notice from the M.I.D.C. for paying arrears of rent, respondent No.1 tried to remove the petitioner from the possession of the said block and on her refusal, respondent No.1 removed lock of the said block and restrained the employees of the petitioner/appellant from entering into the block. Further, respondent No.1 abused the petitioner and insulted petitioner-appellant on 31-7-1991 and threatened her. On these allegations complaint was filed.

(2.) THE learned Magistrate on consideration of the evidence came to the conclusion that no words uttered by the respondent No.1 constituting offence under section 504 of the I.P.C. are stated by the appellant anywhere. Besides the evidence of the appellant, no other witness has been examined. In the absence of specific words uttered by respondent No.1 it cannot be decided whether any offence of insult as is alleged under section 504 is committed or not. So also offence under section 341 of the I.P.C. as alleged by the petitioner viz. that she and her employees were restrained by respondent No.1 from entering into the block, is nowhere supported by any evidence. No employee of the appellant is examined in support of her case. After going through the judgment of the learned Judicial Magistrate, I find that the view taken by him cannot be said to be perverse in any manner. It is a possible view of the matter to be taken.