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2016 Supreme(Bom) 2074

A.V.NIRGUDE, V.L.ACHLIYA
Ramesh Marutirao Jadhav – Appellant
Versus
State of Maharashtra through Udgir (Rural) Police Station – Respondent


Advocates Appeared:
For the Applicant : Mr. Amol S. Sawant.
For the Respondent: Mrs. P.V. Diggikar.

JUDGMENT :

V.L. Achliya, J.

1. Rule. Rule returnable forthwith. By the consent of the parties heard finally at the stage of admission.

2. The applicant herein has preferred this application under Section 482 of Cr.P.C. for quashing Regular Criminal Case No. 38/2013 pending in the Court of Judicial Magistrate First Class, Udgir, District Latur on the ground that Section 161(1) of Maharashtra Police Act operates as a bar to entertain the case against the applicant.

3. Before appreciating the submissions advanced, it is necessary to consider in brief the facts leading to filing of charge-sheet against the applicant. On 03.01.2012 one Laxman Kendre, Police Inspector attached to police station Udgir, (Rural) Tq. Udgir, District Latur, filed complaint against the applicant pursuant to the order dated 31.12.2011 received from Superintendent of Police, Latur. In the complaint filed, the complainant has alleged that during the period 22.01.2009 to 09.11.2009 the applicant was posted as Police Inspector, Police Station Udgir, District Latur. During his tenure as Police Inspector he was found to be indulged into commission of various illegal acts amounting to offence. On receipt of the complaint































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