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2023 Supreme(Bom) 1336

G. A. SANAP
Vikas S/o. Daulatraoji Wagh – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. J.M. Gandhi, Advocate
For the Respondent:Mr. A.R. Chutke, Mr. Ajinkya Y. Humne, Advocate

JUDGMENT :

In this writ petition, challenge is to the order dated 24th January, 2014, passed by learned Special Judge, Nagpur, whereby learned Special Judge on the complaint of respondent No.3 by exercising the powers under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.PC), directed the Deputy Superintendent of Police, Anti Corruption Bureau, Nagpur to conduct the investigation.

2. BACKGROUND FACTS:

Respondent No.3 filed a complaint against the petitioner and one Mr. Ramchandra Varthi and prayed for an order under Section 156(3) of the Cr.PC. It is the case of respondent No.3 that one Mr. Jadhav, a Police Inspector, at the relevant time, was attached to Kamptee Police Station. He had committed various illegal activities. He had filed false First Information Reports against the innocent persons. On 12th January, 2011, Police Inspector Mr. Jadhav, by accepting Rs.25,000/- (rupees twenty five thousand) from Mohanlal Rathod, had registered a crime against the respondent No.3 and others under Sections 186, 353, 323, 294, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). In the said crime, Police Inspector Mr. Jadhav beat Prashant Chahande in the police custody. Th

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