STATE OF MAHARASHTRA Vs. TANAJI SHANKARRAO JAGTAP

JUDGEMENT

(1.) This Petition is filed challenging the order dated 09.10.2002 in C.C. No. 744 of 2001 passed by the learned Judicial Magistrate First Class, Bhor, thereby rejecting the application filed by the petitioner for recalling the order of issuance of process and also the order passed by the learned 7th Addl. District Judge, Pune in Criminal Revision Application No. 618 of 2002 on 26.12.2003.

(2.) The respondent herein is the complainant in Criminal Case No. 744 of 2001 pending before the Judicial Magistrate First Class-1, Bhor. In said complaint, he alleged that on 25.09.2001 while the Sub-Inspector from the State Excise Office, Pune, visited the hotel (permit room) of the respondent for serving order imposing penalty issued by the Collector, Pune bearing No.FLR/11/2/001/9789/F3 dated 20.09.2001, for compounding of breach case which has been lodged by the petitioner in respect of permit room of the respondent on 13.08.2001, whereby the respondent was fined Rs. 10.000/-. At that time the owner of the hotel Ms.Haunsabai Tanaji Jagtap was not present, instead her husband Tanaji Shankarrao Jagtap, who was looking after the said business was present, and he abused said Sub-Inspector i.e., accused, and threatened him that, he will see him, and will not allow the said Sub-Inspector to go out of the hotel (permit room). He assaulted the said Sub-Inspector and also tried to assault by using iron rod. However, due to intervention of constables working in Excise Department, the respondent was pacified. Thereafter, offence came to be registered at Bhor Police Station vide C.R.No. 142/2001 against the respondent punishable under Sections 332 and 353 of the Indian Penal Code on the basis of the complaint filed by the said Sub-Inspector.

(3.) It is the case of the petitioner that C.R. No. 142 of 2001 was registered against the respondent and in that crime the respondent was arrested and produced before the Court on 27.09.2001.