NON­REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.25  OF 2009

Shri Hanumant Dinkar Arjun            ….Appellant(s)

VERSUS

Shri Suresh R. Andhare & Anr.  ….Respondent(s)

                 J U D G M E N T

Abhay Manohar Sapre, J.  

1. This appeal is filed against the final judgment

and order dated 15.07.2008  passed by the  High

Court of   Judicature at Bombay in Criminal

Revision  Application  No.309  of  2008 whereby the

1

High Court dismissed the criminal revision

application filed by the appellant (complainant)

herein.

2. A few facts need mention hereinbelow for the

disposal of this appeal, which involves a short point.

3. The appellant filed a complaint under Sections

166,  167, 201 to  204 of the Indian  Penal  Code,

1860 (hereinafter referred to as “IPC”) read  with

Section 25 of the Bombay Police Act, 1951 (for

short, “BP  Act”) against respondent  No.  1  herein

before the Judicial Magistrate First Class, Indapur.  

4. This complaint was filed on the basis of certain

adverse observations  made by the 1st  Additional

Sessions Judge, Baramati in his order dated

26.02.2003  passed in  Session  Case  No.  99/2000

against respondent No.1 by which four accused

persons  were  convicted for commission  of offence

punishable under Section 302/34 IPC and

2

sentenced them  to  undergo imprisonment for life

and to pay a fine of Rs.2000/­ each.

5. According to the appellant, in the light of the

certain adverse observations made in the said order

by the Additional Sessions Judge against

respondent No.1­Sub­Inspector of Police, who

investigated the  said  case,  a  prima  facie  case for

initiating criminal action against him is made out.

6. The Courts below,   however, declined this

prayer made by the appellant and the High Court by

the impugned order upheld the order declining the

prayer giving rise to filing of the present appeal by

way of special leave in this Court by the appellant­

complainant.

7.   It is  not  disputed  by the  parties that the

accused persons have filed criminal appeal  in the

High Court against the order dated 26.02.2003 and

the same is pending in the High Court.

3

8. If that be so, then, in our opinion, the order

dated 26.02.2003, which is the basis of the

complaint in question, is sub judice  in the criminal

appeal.

9. In other words, when the order, which is the

foundation for filing the complaint in question itself

is sub judice, the appellant is required to await the

final outcome  of the criminal appeal filed  by the

accused persons.

10. It is for this reason,  we  are  not inclined to

entertain this appeal and  while disposing of the

same grant liberty to the appellant to move afresh

for raising his grievance in question depending

upon the outcome of the criminal appeal filed by the

accused persons against the order dated

26.02.2003.  

4

11. We, however, make it clear that we have not

expressed any  opinion on  the  merits  of the  case,

which is subject matter of the complaint.

12. With these observations, this appeal stands

disposed of finally.

                                    .………...................................J.                                    [ABHAY MANOHAR SAPRE]                                    

    …...……..................................J.                     [DINESH MAHESHWARI]

New Delhi; May 03, 2019

5