SHIVAJI VITHALRAO BHIKANE Vs. CHANDRASEN JAGDEVRAO DESHMUKH

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of parties.

(2.) By this petition, petitioner challenges order dated June 22nd, 2006, rendered by learned Additional Sessions Judge, Udgir Camp at Ahmedpur , in Criminal Revision Petition No. 8 of 2006.

(3.) A brief resume of some facts would amplify understanding of the controversial issues involved in the petition. The petitioner alleged that original accused Nos. 1 to 3 mentioned in the complaint case had committed mischief by causing destruction to his water pipeline of residential hostel and Ashram Shala. He is the President of the Educational Institution which runs the Ashram Shala having 725 students in the hostel. He asserted that the original accused Nos. 1 to 3 caused unlawful loss of Rs. 3000/- by their act of disconnecting the water pipeline. On basis of his complaint, certain investigation was carried out by the police. According to the complainant - petitioner, when there was sufficient material available to file chargesheet against the original accused Nos. 1 to 3, all of a sudden, the two police officers (original accused Nos. 4 and 5) manipulated a false report to the Court of Judicial Magistrate, seeking "C" summary on basis of a fabricated additional statement purportedly given by him. He alleged that he never gave any additional statement saying that the matter was settled outside the Court and that he did not wish to prosecute the original accused Nos. 1 to 3. He alleged that his so called additional statement dated 18th July, 2005 was a fabricated and false document. He, therefore, made a complaint to the higher police authorities.