Posted On Tuesday, August 07, 2012 at 09:02:14 AM
In what is being considered as a setback for the owners of Amit Enterprises, a prominent construction company, the Additional Session Judge, Pune, has dismissed a review petition sought on the order given against them in 2009.
A Judicial Magistrate (First Class) had “issued process” of carrying out an investigation against Kishor Pate and several others for allegedly taking forceful possession of a plot of land (Survey No.61) at Parvati Santnagar.
Sharad Kakde, the land owner, had filed a private complaint against the builder and other unidentified individuals for allegedly damaging his residence and office and also for assaulting him with sharp weapons due to which he has sustained injuries.
Kakde claims that he approached the police when the incident took place, but soon after registering his complaint, the investigation officers submitted a ‘B summary” report saying he had lodged a false complaint.
Protesting the report from the police, Kakde sought permission from the court to file a private complaint against the builder and others who were involved in the attack. The JMFC asked the police to register a private complaint against the people named by Kakde.
Aggrieved by this decision, Pate and others appealed to the Sessions Court on various grounds for squashing the lower court’s order against them. The Sessions Court however held that prima facie case against the applicants has been made out and rejected their appeal.
Advocate S K Jain, who appeared for the applicants, told Mirror, “It is a debatable issue. The police have already filed a ‘B Summary report’ stating that no such offence took place. The court is yet to decide on this report but Kakde filed a private complaint. We will appeal against the Sessions Court’s order.”