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1996 Supreme(Bom) 244

T.K.CHANDRASHEKHARA DAS
Ramkrishan Shankar Avhad – Appellant
Versus
Rajendra Jagannath Parikh and another – Respondent


JUDGMENT - T.K. CHANDRASHEKHARA DAS, J. :---The petitioner is a Police Officer who was implicated by the first respondent by filing a criminal complaint dated 12th November, 1987 before the Judicial Magistrate, First Class, Niphad. The Magistrate on perusal of the complaint and on examination of the complainant issued summons against the petitioner under sections 325, 323, 504,506, 341, 342, read with section 34 of the Indian Penal Code. The complaint discloses that the petitioner was a Police Officer and he was performing his duty of checking the vehicles on the road and stopped the vehicle of the first respondent. The petitioner asked the first respondent the licence for verification and on scrutiny of the licence the petitioner demanded money from the first respondent. When the first respondent refused to give money, the petitioner has manhandled the first respondent and as a result the first respondent sustained a fracture injury on his left hand.

2. Aggrieved against the issuance of summons, the petitioner filed a criminal revision application being Criminal Application No. 14 of 1988 before the Court of Sessions Judge, Nashik. The learned 3rd Additional Sessions Judge, Nashik








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