JUDGMENT - A.D. MANE, J.:---This is a criminal writ petition under Article 226 read with Articles 21 and 22 of the Constitution of India, arising out of following set of circumstances.

2.The petitioner is citizen of India and permanently resides in village Pimpalwadi, Taluka Kallam, District -Osmanabad. The petitioner submits that he is a peace loving citizen and also law abiding citizen. He is agriculturist by occupation. He is married and is having two sons and one daughter. The respondent No. 1 Indirabai is his legally wedded wife. On 24-4-1995 Indirabai filed a complaint against him in Police Station Kallam, inter alia, alleging that she was beaten by the petitioner and the petitioner is in habit of abusing her. She has further alleged that the petitioner removed the hut and sold some household articles and kept the wife and the children without any shelter.

3.The respondent No. 2 was working as P.S.I. at Kallam at the relevant time. On receiving the complaint from respondent No. 1, he registered the offence under sections 323, 504, 506 read with section 34 of I.P.C. but ultimately it was treated as non-cognizable offence under Serial No. 264 of 1995. The inquiry into that comp

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