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Bombay High CourtAPL/619/2018others disposed off

Francis Inthru Mendonca v. The State Of Maharashtra And ANR

2018-11-19Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

rsk 1/2 13-APL-619-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.619 OF 2018 Francis Inthru Mendonca ...Applicant vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr. Nitin B. Patil for the Applicant.

Mr. Rupam Ghorhi for the Petitioner.

Smt. A. S. Pai, APP for the Respondent-State. ---- CORAM : B. P. DHARMADHIKARI & SARANG VIJAYKUMAR KOTWAL, JJ.

DATE : 19/11/2018.

P.C.:

.

Heard learned counsel for the applicant and learned APP. 2.

Learned counsel for the applicant submits that initially the victim complained only about non payment of salary and there was no physical/sexual angle to it. He further submits that on 15/5/2017 the applicant also lodged police complaint expressing apprehension of false implication.

3.

Learned APP has pointed out that initial complaint by victim is dated 31/3/2017 and in it allegation is about non payment of wages. She has also complained about ill-treatment, abuses and beating. 4.

During hearing, we find that charge-sheet has already been presented.

rsk 2/2 13-APL-619-18.doc 5.

Learned counsel for the applicant submits that he has got CD which shows the real object. According to him extortion of money is the real purpose and amount of Rs.2 Lakhs is already paid to the victim. 6.

As the charge-sheet is presented, we are not inclined to look into the defence raised. In complaint initially lodged on 31/3/2017, the victim has pointed out harassment, beating and also non payment of wages.

7.

Hence by keeping all contentions of the petitioner open, we dispose of the present petition. No costs.

(SARANG VIJAYKUMAR KOTWAL, J.) (B. P. DHARMADHIKARI, J.)