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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.3398/2016

Ramesh Marutirao Jadhav

Age: 61 Years, Occ: Pensioner,

R/o: B/20, Avanti Nagar,

Murarji Peth, Solapur.

Tq. and Dist. Solapur.

- APPLICANT

(Orignal Accused)

VERSUS

1]

The State of Maharashtra

Through Udgir (Rural) Police Station,

Udgir, Dist. Latur.

[Copy to be served on

Public Prosecutor,

High Court of Bombay, Bench at

Aurangabad

2]

Laxman Dnyanoba Kendre

Age: 56 Years, Occ. Service

( the then Police Inspector)

R/o: C/o. Aundha Nagnath

Police Station, Tq. Aundha Nagnath

Dist. Hingoli.431 705

.. RESPONDENTS

(R.No.2 Ori. Complainant.)

-----

Mr.Amol S. Sawant Advocate for applicant.

Mrs. P.V. Diggikar, APP for Respondent-State

-----

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CORAM : A.V.NIRGUDE &

V.L.ACHLIYA,JJ.

RESERVED ON : 25TH JULY, 2016

PRONOUNCED ON : 27TH SEPTEMBER,2016.

JUDGMENT [PER V.L.ACHLIYA,J.] :-

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, Dist.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, Dist. Latur, filed complaint against the

applicant pursuant to the order dated 31/12/2011 received from

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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, Dist. 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

preliminary enquiry was conducted through Shri Ramesh

Kaltewar, the then Deputy Superintendent of Police, Udgir, who

has found prima facie substance in the allegations made in the

complaint. He submitted report to the Superintendent of Police,

Latur. On due consideration of the report of the preliminarily

enquiry, the Superintendent of Police Latur directed the

complainant to lodge complaint against the applicant. On the

basis of the complaint lodged the offence under Sections

201,213,409, 420, 467, 468, and 471 of IPC came to be

registered against the applicant vide crime no. 01/2012. After

the registration of the offence investigation was conducted.

During the course of investigation statements of various persons

were recorded which includes some of the police personnel

working with the police station Udgir, as well as Panchas whose

signatures were obtained in back date and few other persons.

All of them supported the allegations made in the complaint

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alleged against the applicant and disclosed various illegal acts

amounting to offence committed by applicant during his posting

as police station incharge of police station Udgir. On

completion of the investigation the charge sheet was prepared

and filed in the Court of JMFC. Being aggrieved the applicant

has preferred this application for quashing the criminal

proceedings mainly on the ground that the proceeding against

the applicant is not maintainable in law as the same is filed

beyond statutory period of 6