Crl. Appln. No. 376 of 1994. Case: Uttam Vs The State of Maharashtra and others. High Court of Bombay (India)
| Case Number | Crl. Appln. No. 376 of 1994 |
| Counsel | For Applicant: N. R. Saboo, Adv.and For Respondents: S. B. Wahane, A. G. P. (for No. 1) |
| Judges | R. M. Lodha, J. |
| Issue | Criminal Procedure Code (2 of 1974) - Sections 204, 397 |
| Citation | 1995 CriLJ 562 |
| Judgement Date | August 24, 1994 |
| Court | High Court of Bombay (India) |
Judgment:
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An application under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Cr. P.C.") has been filed by the complainant Uttam aggrieved by the order passed by the Additional Sessions Judge, Amravati, on 19-1-1994 whereby he set aside the process issued by the Judicial Magistrate First Class, Amravati and quashed the proceedings in Criminal Case No. 1260 of 1990 (Uttam v. Rajendrakumar and others).
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Shorn of unnecessary details, the facts giving rise to the present application under Section 482 of the Cr. P.C. are that the applicant filed a complaint on 10-12-1990 under Section 500 read with Section 34 of the Indian Penal Code against the non-applicant Nos. 2 to 18 herein in the Court of Judicial Magistrate First Class. It was alleged in the complaint that the complainant as well as non-applicant Nos. 2 to 16 are the Government servants serving in the Treasury Office at Amravati. The non-applicant Nos. 2 to 16 herein on 1-2-1990 lodged a false complaint to the Treasury Officer, Amravati, containing false imputation that the complainant had come in the office on 31-1-1990 in a drunken state and abused the Treasury Officer, Additional Treasury Officer and Collector in filthy language. The said complaint was lodged by the non-applicant Nos. 2 to 16 herein against the present applicant-complainant with common intention to defame him knowing it to be false with clear intention to cause damage to the reputation and service of the applicant.
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On the complaint filed by the applicant complainant under Section 500 read with Section 34 of the Indian Penal Code against the non-applicant Nos. 2 to 16 herein, the Judicial Magistrate First Class, Amravati, called a report under Section 202(1) of the Cr. P.C. from the Treasury Officer, Amravati, and thereafter perused the verification. After going through the report of the Treasury Officer under Section 202 of the Cr. P.C., the learned Judicial Magistrate First Class, Amravati found that there was sufficient material prima facie to issue the process against the non-applicant Nos. 2 to 16 herein under Section 500 read with Section 34 of the Indian Penal Code vide his order dated 16-8-1991. The non-applicant Nos. 2 to 16 filed the revision petition before the Sessions Judge, Amravati, Under Section 397 of the Cr. P.C. against the order issuing process passed by the Judicial Magistrate First Class, Amravati. The Sessions Judge vide his order dated 19-1-1994 allowed the revision...
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