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2016 Supreme(Bom) 2178

SANGITRAO S.PATIL, S.S.SHINDE
Kundan S/o Khanderao Dhande – Appellant
Versus
Vasudeo S/o Nivruti Fegde – Respondent


Advocates Appeared:
For the Applicant :Mr. L.V. Sangeet, Advocate.
For the Respondent:Mr. S.W. Munde, APP., Mr. P.S. Pawar, Advocate.

JUDGMENT :

SANGITRAO S. PATIL, J.

1. The applicant has prayed for quashing of Criminal Proceeding bearing S.C.C. No. 614 of 2013 arising out of F.I.R. bearing C.R. No.4 of 2013 pending before the Judicial Magistrate, First Class, Raver, Dist. Jalgaon for the offences punishable under Sections 353 and 186 of the Indian Penal Code (for short, "the I.P.C.").

2. The case of respondent no.1 (i.e. the informant), in short, is that he being a bailiff attached to the Court of Civil Judge, Junior Division at Raver visited the land of the applicant situate at village Vivara (Kh), Tq. Raver, Dist. Jalgaon for executing the decree subject matter of Execution Petition No. 34 of 2004. When he started to affix the boundary marks, after measuring the land, the applicant rushed to that spot, shouted at the respondent no.1 and did not allow him to execute the decree. Since the applicant obstructed respondent no.1 while executing the decree, respondent no.1 lodged report against the applicant in Police Station, Nimbhora for the above-mentioned offences. The investigation followed and the statements of the witnesses were recorded. After completion of the investigation, the applicant came to be charge-she













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