MARUTI HARIBHAU SAWANT Vs. PRAKASH MURLIDHAR LAHOTI

JUDGEMENT

(1.) HEARD Mr. Mohite, learned Advocate for the applicants. Nobody is present for the respondents. HEARD Smt. Pawar for the State. It appears that by order dated 6th June, 1995 Justice Trivedi has made rule returnable after six weeks. Hence, the appeal has come on board so early.

(2.) THE petitioners have challenged the order of issuing process by the Judicial Magistrate First Class, Satara under various sections of the IPC viz. 166, 167, 192, 196, 420, 423, 427, 466, 468, 477 (A), 120 (B) r. w. 34 IPC.

(3.) A perusal of the complaint and the verification statement clearly shows that complainant has failed to make out any case against the accused in respect of the dozens of sections of the IPC referred to in the complaint. There does not appear to be any attempt on he part of the accused, particularly accused Nos. 5 and 6 to make false entries in the Government record. The entries appear to have been made in due course of their discharge of duties and as rightly observed by the Revenue Officers if the complainant or his mother are entitled for some other plot and not the plots as shown in the mutation entries, they can very well move the Civil Court for that purpose. The complaint appears to have been filed to pressurise two Government servants viz. Accused Nos. 5 and 6 to change the entries in favour of the complainant and/or his mother. The impugned order of issuing of process is prima facie illegal and it is not supported by the complaint or the verification statement and therefore the issue of process is quashed against present petitioners. Rule is made absolute. Application allowed. .