Anil Ganjidhar Pawar v. The State Of Maharashtra And Others

15.Cri.WP-60-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 60 OF 2023 ANIL GANJIDHAR PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Bora Rupeshkumar C. APP for Respondent No.1/State : Mr. P. N. Kutti ...

CORAM : KISHORE C. SANT, J.

DATE : 16th FEBRUARY 2023.

Per Court :

1.

This petition challenging an order dated 04.12.2021 passed by the learned Sessions Judge, Dhule in Criminal Revision Application No.31/2017. The Revision was against an order passed by the learned Judicial Magistrate First Class, Dhule rejecting a complaint filed by the petitioner alleging that the respondents have committed an offence punishable under Sections 504, 506 read with Section 34 of the Indian Penal Code. The petitioner at the relevant time, was a Chairman of Zilla Parishad Karmchari Housing Society. The only allegations are that the respondents have thrown garbage and drainage water in the Najeeb.

15.Cri.WP-60-2023.doc Courtyard of the petitioner and threatened him of dire conseuqences. The Court found that the allegations are made only for the sake of allegations and no case is made out in the complaint. This complaint is filed only since there are complaints filed against him by some of the accused persons.

2.

In the Revision also, the Revisional Court found that no illegality is committed by the learned JMFC, Dhule in dismissing the complaint. As such there is no merit in the matter. This Court is not inclined to entertain the petition even on the count of delay and latches. The impugned order is dated 04.12.2021, whereas this petition is filed on 06.01.2023 and there is no explanation as rightly pointed out by the learned APP. The learned APP also supports the impugned order stating that the petitioner appears to be busy body from the conduct as observed in the orders passed by both the Courts. 3.

Considering the nature of petition, as there is no merit, the petition deserves to be dismissed. The Writ Petition is therefore dismissed.

[ KISHORE C. SANT, J.] Najeeb.