ABDUL KHADAR KHAN Vs. JAVED SIRAJ QUAZI

JUDGEMENT

(1.) THIS revision application is filed by original plaintiff in Special Civil Suit No. 62/1991, on the file of the learned Civil Judge, Senior Division, Jalgaon, against an order passed on 3-1-1998 on Exhibit 23.

(2.) PETITIONER/plaintiff is medical practitioner at Bhusawal and since the year of 1990 he is doing private practice. Defendant is related to plaintiff and plaintiffs sister had filed a complaint against her husband under section 498-A of the I. P. C. wherein, respondent /defendant is also an accused. It appears that due to this, respondent was having grudge against the petitioner and he filed false complaint to the Income Tax Department against petitioner. In pursuance of that complaint, Income Tax authorities conducted an enquiry and ultimately came to the conclusion that, there was nothing against petitioner that is to say the complaints filed to the Income Tax Department against the petitioner/plaintiff were without any substance.

(3.) THEREAFTER petitioner filed Special Civil Suit No. 62 of 1991 for damages and in order to prove his claim of damages sought directions from the Court to issue summons to the Income Tax department, for production of the complaint and relevant documents of enquiry held against the petitioner on the basis of false complaint filed against petitioner, which had led to the enquiry being conducted by the Income Tax authorities against petitioner.