Kalyan Ramsaheb Kolhe v. Eknath Bhimrao Munde And ANR

1 Cr. Appeal 463/2004

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 463 OF 2004 Kalyan S/o Ramsaheb Kolhe Age 41 years, Occupation - Medical Practitioner. R/o Jamkhed, District Ahmednagar .. Appellant (Orig.

Complainant) Vs.

1] Eknath S/o Bhimrao Munde Aged Major, Occupation - Government Service, R/o Beed Road, Jamkhed, District Ahmednagar (Orig. Accused) 2] State of Maharashtra .. Respondents ---- None present for the appellant Mr. P.N. Muley, A.P.P. for the respondent/State ---- CORAM : M.T. JOSHI, J.

DATE : 20/08/2015 ORAL ORDER :

None appears for the parties, except the learned A.P.P.

2.

The earlier order shows that nobody had appeared for the appellant and respondent no.1 on the last date also.

2 Cr. Appeal 463/2004 3.

Heard learned A.P.P. Perused the record.

4.

Aggrieved by the judgment and order dated 18/10/2003 passed by the learned Judicial Magistrate First Class, Patoda, in S.C.C. No. 524 of 1996, acquitting the present respondent no.1 from the offences punishable under section 323, 504, 506 of the Indian Penal Code, the present appeal is preferred by the original complainant.

5.

The case of the present appellantcomplainant, in short, is as under:- .

That on 06/10/1996 at around 6.00 pm, in the vicinity of Pithi Nagar rest house, present respondent no.1 has voluntarily caused hurt to the complainant, caused provocation and threatened to cause injury to the appellant-complainant.

.

According to the complainant, on the day of the incident, he approached the Police Station, Patoda along with one Mahadeo Pawar and Avinash Pawar. The Police however have refused to accept the written complaint. According to the complainant, he approached

3 Cr. Appeal 463/2004 the Police Station on 19/10/1996 while the incident has allegedly taken place on 6/10/1996. The complainant has sent an application, explaining these facts to the Health Minister and to other authorities regarding the incident.

6.

The learned Judicial Magistrate First Class, Patoda did not accept the said explanation. According to the complainant, nobody has witnessed the said incident as the same took place in the verandah of the rest house. P.W. 3 - Mahadeo has deposed that after hearing the hue and cry, he went to the place of occurrence and thus, according to the learned Judicial Magistrate First Class, even he has not witnessed the incident of slapping etc. The specific insulting words were also not deposed to by the appellant - complainant and in the circumstances, the respondent no.1 came to be acquitted.

7.

Upon going through the record, in my view, a reasonable and probable view has been taken by the learned Judicial Magistrate First Class, Patoda. In the result, the following order:-

4 Cr. Appeal 463/2004 8.

Criminal appeal is hereby dismissed.

[M.T. JOSHI] JUDGE arp/