DASHRATHKHASHABA JADHAV Vs. BHALCHANDRA MARUTI GAVALI

JUDGEMENT

(1.) THIS Writ Petition is filed by the petitioners, who are the accused in Criminal case No. 107 of 1991 instituted by the Police in Vaduj Court, pursuant to the complaint made by Respondent No. 1/bhalchandra Maruti Gavali, who is Sub-Inspector attached to the State Excise Department. The complaint filed by Respondent no. 1 was to the effect that on 25th April, 1991, he, along with his raiding party, went to village Yeralwadi, where the petitioners were found preparing illicit liquor. On the same day, the petitioners, along with 40 other persons, came to the said spot and started abusing and pelting stones at the raiding party of Respondent No. 1. In the said incident, the complainant/respondent No. 1 and some other persons sustained injuries and the petitioners also filed cross complaint against Respondent No. 1 and an inquiry under Section 202 of the Code of Criminal Procedure, 1973, was ordered and the report was awaited.

(2.) THE petitioners are aggrieved by the order dated 15th February, 1993 passed by the Sessions Judge, Satara on the application dated 29th July, 1991, made by respondent No. I/complainant about transferring his case from the Court of the judicial Magistrate, F. C. , Vaduj to any other Court in the District of Satara.

(3.) IN the above-mentioned Transfer Application made by Respondent No. 1 in the Court of the Sessions Judge, Satara, it was submitted by him that when he, along with his party and panchas, went to village Yeralwadi, he found the accused preparing illicit liquor. Thereafter, the complainant proceeded to complete the formalities like preparing panchanama etc. Thereafter, on the same day, all the accused along with 40 other persons came to the said spot and started abusing and pelting stones on the complainant and his party. The complainant sustained severe injuries to his nose and started bleeding. The blood fell on his clothes. At the same time, assailant Sampat Jadhav gave a stick blow on the left hand and the back of the Complainant. One constable by name Giri, also sustained injuries at the hands of the petitioners/accused persons. Hence the complaint came to be filed at Vaduj police Station on the same day and a crime bearing C. R. No. 42 of 1991 was registered by the Vaduj Police Station on the same day under Sections 143, 147, 148, 332, 353, 337 and 338 of the Indian Penal Code.