JITESH LAXMAN MAHAJAN & ORS.. Vs. SHARAD PUNDLIK RANE & ANR.
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Jitesh Laxman Mahajan And Ors..
Sharad Pundlik Rane And Anr.
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T.V.NALAWADE, J. -
(1.) Rule. Rule made returnable forthwith. By consent heard both the sides for final disposal.
(2.) In the present matter the order of issue process made by the learned J.M.F.C. in Criminal Misc. Application No. 231 of 2015, which was pending in the Court of J.M.F.C., Dharangaon and the judgment in Criminal Revision Application No.153 of 2016, which was pending before the Additional Sessions Judge, Jalgaon are challenged. The Criminal Misc. Application was filed for order under section 156(3) of the Cr.P.C. by respondent Sharad Rane. The learned J.M.F.C. did not make order under section 156(3) of the Cr.P.C. but instead directed to record verification statement of the complainant and witness. Accordingly statement of verification of complainant and his witness-Kailas came to be recorded. The learned J.M.F.C., then made order to make investigation under section 202 of the Cr.P.C. The police filed report on 26.05.2016 under section 202 of the Cr.P.C. and informed that the incident had not taken place on 28.06.2015 in Dharangaon. It was reported that on 28.06.2015 probably meeting was held in Jalgaon itself in the office of one Arun Barhate and after that both sides must have filed complaints against each other. The report indicates that on 28.06.2015 meeting was arranged in Jalgaon and not at Dharangaon.
(3.) The order of issue process made by the learned J.M.F.C. shows that he placed reliance on the verification statement and issued process. The learned Judge of the Sessions Court has held that probably after submission of report under section 202 of the Cr.P.C., one more statement of Kailas was recorded at Exh.4 and there was additional material for making order of issue process. The submissions made and copy of the other verification produced on record show that verification statement of Kailas was recorded on 03.12.2015 i.e prior to the date of submission of report under section 202 of the Cr.P.C.;
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