IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.25 OF 2009
Shri Hanumant Dinkar Arjun ….Appellant(s)
Shri Suresh R. Andhare & Anr. ….Respondent(s)
J U D G M E N T
Abhay Manohar Sapre, J.
- 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
High Court dismissed the criminal revision
application filed by the appellant (complainant)
- A few facts need mention hereinbelow for the
disposal of this appeal, which involves a short point.
- 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.
- 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
sentenced them to undergo imprisonment for life
and to pay a fine of Rs.2000/ each.
- 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.
- 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 appellantcomplainant.
- 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.
- 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
- 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
- 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
- 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.
- With these observations, this appeal stands
disposed of finally.
.………...................................J. [ABHAY MANOHAR SAPRE] …...……..................................J. [DINESH MAHESHWARI]
May 03, 2019