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2010 Supreme(Bom) 141

P.R.BORKAR
Prabhakar s/o. Ramchandra Patki – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Appellant:P.V. Mandlik, Sr. Advocate i/b. A.S. Gandhi, Advocates.
For the Respondents:R1, B.R. Khekale, A.P.P. R2, S.M. Vibhute, Advocate.

Judgment :

ORAL JUDGMENT :

1. This is a writ petition preferred by the original accused/revision petitioner against whom the order of issuance of process was passed by the learned Judicial Magistrate, First Class, Kinwat in S.C.C. No. 81 of 2008 for committing offences punishable under sections 193 and 199 of the Indian Penal Code (For short ‘ I.P.C.’ ). Said order dated 01.08.2008 is further confirmed in Criminal Revision No. 163 of 2008 decided on 14.08.2009 by the Sessions Judge, Nanded.

2. Briefly stated facts giving rise to this petition may be stated as below :.

Present respondent No.2 – Yadavrao Nemaniwar was the complainant. It is stated that the complainant/respondent No.2 was Vice President of the Municipal Council, Kinwat; whereas the petitioner/accused was working as a Chief Officer of the Municipal Council, Kinwat between March, 2006 to August, 2007. Thereafter, the petitioner was transferred as Chief Officer to Vengurla, Dist. Sindhudurg. Regular Civil Suit No. 48 of 2007 was filed by Samgayani – daughter of Yadavrao Nemaniwar (complainant/respondent No.2) against the present petitioner seeking perpetual injunction restraining him from demolishing property of said Sa






































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