NILKANTH BALIRAM SAWARKAR Vs. VIDYANAND BALKRISHNA OGALE

JUDGEMENT

(1.) In this case, although the appellate Court has upheld the findings rendered by the trial Court on the question of malicious prosecution and the compensation granted in favour of the appellant, the suit has been dismissed by the appellate Court as being barred by limitation. As a result, although the findings on merits are rendered in favour of the appellant, solely on the ground of limitation, the suit itself has been dismissed.

(2.) The respondent in the present case approached the Police Station on 05092002, making allegations against the appellant herein to the effect that he had encroached on the property of the respondent. After the appellant explained the factual position by showing Sale Deed by which he had purchased the property in question, the Police was satisfied that the dispute was of civil nature and that no cognizance was taken of the complaint made by the respondent. Thereafter, the respondent approached the SubRegistrar and claimed that there was fabrication and forgery at the behest of the appellant in the aforesaid Sale Deed, upon which the SubRegistrar issued notice to the appellant. The SubRegistrar forwarded a letter to the Police Station in that regard and the respondent again approached the Police Station, as also the Assistant Commissioner of Police, upon which the Police registered Crime No.107 of 2003 against the appellant Under Sections 447, 466, 467, 468 and 471 of the Indian Penal Code, 1860. The appellant was constrained to approach the Sessions Court for grant of Anticipatory Bail, which was granted on the condition that the appellant would appear before the Police Station on alternate days.

(3.) In this situation, as the appellant felt that he was unnecessarily facing humiliation, he filed Criminal Writ Petition No.248 of 2003, before this Court for quashing of First Information Report [FIR]. During the pendency of the said Writ Petition, chargesheet was filed in the Court of Chief Judicial Magistrate, which was registered as Criminal Complaint Case No.216 of 2003, against the appellant.