PANDHARINATH MAHADEO PATIL Vs. UNUS NOORMOHAMED MULLA

JUDGEMENT

(1.) I have heard learned counsel appearing for the appellant (original complainant) and learned counsel for the first respondent (original accused ). I have heard learned APP for the State. This is an appeal against an order of acquittal dated 31st May, 1994 by which the learned Judicial Magistrate, first Class acquitted the first respondent-accused of an offence under section 7 (1) (d) of the Protection of Civil Rights Act, 1955. The first respondent was prosecuted on the basis of a private complaint filed by the appellant.

(2.) In the private complaint filed by the appellant it is stated that the appellant is occupying a residential premises as tenant of mulla Masjid and Idgah Trust. The first respondent has been appointed as trustee of the said trust six or seven months prior to institution of the said complaint. The allegation is that the first respondent has been abusing and threatening the appellant for forcing him to vacate the premises held by him.

(3.) The appellant attempted to lodge a complaint to the Police Station but the same was not registered. Therefore, the appellant filed a complaint to the Collector on 7th december, 1986. Subsequently a private complaint was filed by the appellant on 28th february, 1987. Initially an order was passed under section 202 of the Code of Criminal procedure, 1973. Later on process was issued against the first respondent.