Case Note & Summary
The Bombay High Court, Aurangabad Bench, dismissed two criminal applications filed by Atul Ashok Mundada under Section 156(3) of the CrPC. The court upheld the decisions of the lower courts, which declined to direct police investigation into allegations against public servants, including a Mayor and a Town Planner, for purportedly depriving the applicant of compensation related to land acquisition in Jalgaon. The court found that the complaints lacked merit, as the respondent officials were acting within their official capacity and were protected under Section 197 of the CrPC. The court also noted that the allegations were aimed at pressuring the respondents rather than pursuing legitimate legal remedies.
1. Parties Involved: Applicant: Atul Ashok Mundada, 45, agriculturist and businessman. Respondents: Kailas Pandurang Bagul, Town Planner. Nitin Balmukund Laddha, Businessman. The State of Maharashtra. 2. Legal Background: Mundada filed applications under Section 156(3) of the CrPC, seeking directions to the police to investigate the respondents for alleged offenses related to the mishandling of compensation in a land acquisition case. 3. Court's Findings: The court found that the respondents were acting within their official duties, and no cognizable offense was made out to warrant police investigation. The court emphasized that the powers under Section 156(3) are discretionary and must be exercised judiciously, which the lower courts did appropriately. The requirement for prior sanction under Section 197 CrPC for prosecution against public servants was not fulfilled by the applicant. 4. Conclusion: Both applications were dismissed, and costs of ₹25,000 were imposed on the applicant, payable to each respondent. The court viewed the applications as an abuse of the legal process intended to exert undue pressure on public servants.
Issue of Consideration: Atul Ashok Mundada Versus The State of Maharashtra & Anr.
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