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2000 Supreme(Bom) 450

PRATIBHA UPASANI
Shantaram Balya Sankhe & others – Appellant
Versus
Kaliram Gajanan Sankhe & others – Respondent


JUDGMENT - Dr. PRATIBHA UPASANI, J.:---This criminal writ petition is filed by the petitioners/original accused, being aggrieved by the order of issuance of process, dated 16th January, 1993 passed by the Judicial Magistrate, First Class, Palghar, under sections 447, 452, 427, 504, 506(2) read with section 34 of the Indian Penal Code. This order of issuance of process was passed by the Judicial Magistrate, First Class, Palghar, against the present petitioners/accused, after taking cognizance of the complaint dated 16th January, 1993, filed by the complainant/respondent No. 1 herein-Kaliram Gajanan Sankhe.

2. Few facts, which are required to be stated to appreciate the controversy involved, are as follows:

Petitioner No. 1/Shantaram Balya Sankhe, at the relevant time, was Sarpanch, petitioner No. 2/Khanderao Chaintaman Pimpale was Upa-Sarpanch and petitioner Nos. 3 to 15 were members/office-bearers of the Gram panchayat, village Kolwade, taluka Palghar, District Thane.

3. As per the averments made by the complainant/Kaliram Gajanan Sankhe in his complaint dated 16th January, 1993, the complainant was residing along with his family members in the said village and had his own house a




































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