Bombay High Court
Madhavrao Laxmanrao Gurjar vs State Of Maha & Ors on 14 December, 2016
Bench: Z.A. Haq
(1) Cri. Revn. Appln. No. 365 of 2004
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
Criminal Revision Application No. 365 of 2004
District : Osmanabad
Madhavrao Laxmanrao Gurjar,
Age : 50 years,
Occupation : Service
(presently serving as SDPO,
Sailu),
R/o. Plot No.46, "Ganga",
Chatrapatinagar, Garkheda,
Aurangabad. .. Applicant.
versus
1. The State of Maharashtra
(Through the Secretary,
Home Department,
Mantralaya, Mumbai).
2. Vivek Raghunath Pandit,
Age : 38 years,
Occupation : Nil,
R/o. Urgaon Dongri,
Taluka Vasai,
District Thane (M.S.). .. Non-applicants.
............
Mrs. Vasundhara Rao, Advocate, for the
applicant (Absent).
Mr. K.S. Hoke Patil, Addl. Public Prosecutor,
for non-applicant no.01.
Mr. Govind Kulkarni, Advocate, holding for
Mr. Rajendra S. Deshmukh, Advocate, for
non-applicant no.02.
............
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(2) Cri. Revn. Appln. No. 365 of 2004
CORAM : Z.A. HAQ, J.
DATE : 14TH DECEMBER 2016
ORAL JUDGMENT :
None appeared for the applicant on 08th
December, 2016. The matter was adjourned. Today
again none appeared for the applicant when the matter
is called out.
02. I have examined the record of the
application with the assistance of the learned Addl.
Public Prosecutor.
03. The applicant - accused has challenged the
order passed by the Sessions Court rejecting the
application (Exhibit No.141) filed by the accused
praying that he be discharged from the prosecution
for the offence punishable under Sections 302, 201,
193, 196, 197, 198, read with Section 34 of the
Indian Penal Code and Section 3(2)(v), (vi), (vii) &
(viii) and Section 4 of the Scheduled Castes &
Scheduled Tribes (Prevention of Atrocities) Act,
1989.
04. The main contention of the petitioner is
that his prosecution is unsustainable as it is
initiated without an order of sanction as required by
Section 197 of the Code of Criminal Procedure, 1973.
(3) Cri. Revn. Appln. No. 365 of 2004
According to the prosecution, accused nos.01 and 02
were given the impression that if they give sacrifice
of any human being in the well on the day of new
moon, then the well would be full of water and the
accused nos.01 and 02 decided to give sacrifice of
human being and committed the offence which resulted
in death of Rajabhau Limbraj Londhe.
The applicant, who is accused no.10, was working
as Dy. Superintendent of Police at the relevant time.
The allegations against the applicant (accused no.10)
are that he intentionally and deliberately concealed
the evidence in collusion with other accused and
filed the report under Section 169 of the Code of
Criminal Procedure, 1973, against accused nos.02 to
08, which included accused no.04. The accusations
against accused no.04 are that at the relevant time
he was working as an Engineer with the Maharashtra
State Electricity Board and he had issued a false
certificate showing that there was no supply of
electricity at the relevant time, of which the
accused nos.01 and 02 wanted to seek advantage to
falsify the claim of the prosecution that Rajabhau
Limbraj Londhe was given electric shock because of
which he died.
05. The learned Addl. Sessions Judge has rightly
recorded that the nature of accusations against the
applicant are of such nature that at this stage it
(4) Cri. Revn. Appln. No. 365 of 2004
cannot be said that the prosecution against him is
unsustainable for want of sanction under Section 197
of the Code of Criminal Procedure, 1973. I do not
find any infirmity or illegality in the impugned
order.
06. The Revision Application is dismissed. In
the circumstances, the parties to bear their own
costs.
ig ( Z.A. HAQ )
JUDGE
..........
puranik / CRIREVNAPPLN365.04
