JUGALKISHOR DEVILAL AGRAWAL Vs. ARJUN VITTHAL PARDESHI

JUDGEMENT

(1.) This petition is filed challenging the order dated-29-11-1996 passed by the learned J. M. F. C. Jamner in R. C. C. No. 95 of 1994 by which the respondent Nos. 1 and 2 were discharged on the ground that the complaint which was filed under Sections 379, 427, 447 r. w. 34 of I. P. C. and in the said complaint the trial was not yet commenced and a period of two years was completed.

(2.) It is the case of the petitioner that the land Gat No. 299/1 situated at village Shendurni, Tq. Jamner, District Jalgaon is owned and possessed by the petitioner. IT is the further case of the petitioner that on28-2-1993 one Dagadu Madhav Gopal resident of Jangipura, Tq. Jamner told the petitioner that the respondent No. 1 cut down the tree of tamarind and he saw the incident and there was one person alongwith the respondent No. 1. The petitioner submitted that on the very day i. e. on28-2-1993 the petitioner moved an application to the Chairman of Crop protection society Limited Shendurni against the respondent Nos. 1 and 2. The respondent Nos. 1 and 2 are residents of the same village and they were the friends of the petitioner. They in furtherance of their common intention unlawfully entered in the petitioner's land and cut down the tree of tamarind and unauthorizedly taken away the said tree material and they caused the damages to the petitioner. IT is further stated that on22-3-1993 the petitioner sent registered post notice to the respondents calling upon them to pay compensation for the offence committed by them. However, the said notice was returned back to the petitioner with a remark that the addressee not inclined to accept. The petitioner lodged a complaint on30-3-1993 to the Shendurni out post against the respondents. The police authorities did not take cognizance and therefore, on29-4-1993 the petitioner made representation to the Superintendent of Police, Jalgaon for necessary action. In spite of that nothing has been done by the said authority, and therefore, the petitioner filed a complaint before the learned J. M. F. C. Jamner for the offence punishable under Sections 379, 427 and 447 r. w. S. 34 of I. P. C. .

(3.) After the appearance of the respondents, the matter was posted for framing of charges. Since the respondents being absent on28-11-1996 the petitioner moved an application in the court below for issuing of warrant against the respondent Nos. 1 and 2. The said application came to be granted on28-11-1996 by the court and the case came to be posted on the next date. The court below on29-11-1996 after hearing the advocates for the respective parties closed the entire proceeding.