Kalpesh Raju Patait And Others v. The State Of Maharashtra And ANR
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2253 OF 2018 1.
Kalpesh Raju Patait, Age 20 years, Occu. Education, R/o. Golibar Tekdi, Sangama Chowk, Ram Nagar, Dhule, District Dhule.
2.
Mayuri Narayan Mahale @ Mayuri Kalpesh Patait, Age 19 years, Occu. Education, R/o.Golibar Tekdi, Sangama Chowk, Ram Nagar, Dhule, District Dhule.
3.
Raju Bomtu Patait, Age 50 years, Occu. Labour, R/o. Golibar Tekdi, Sangama Chowk, Ram Nagar, Dhule, District Dhule.
4.
Rohit Raju Patait, Age 19 years, Occu. Labour, R/o. Golibar Tekdi, Sangama Chowk, Ram Nagar, Dhule, District Dhule.
5.
Sachin Raju Patait, Age 22 years, Occu. Labour, R/o. Golibar Tekdi, Sangama Chowk, Ram Nagar, Dhule, District Dhule.
6.
Rekha Raju Patait, Age 47 years, Occu. Labour, R/o. Golibar Tekdi, Sangama Chowk, Ram Nagar, Dhule, District Dhule.
7.
Jaiesh Yuvraj Wagh, Age Major, Occu. Labour, R/o. Golibar Tekdi, Sangama Chowk, Ram Nagar, Dhule, District Dhule.
8.
Bapu Bomtu Patait, Age 43 years, Occu. Labour, R/o. Golibar Tekdi, Sangama Chowk, Ram Nagar, Dhule, District Dhule.
9.
Milind Dilip Patait, Age 37 years, Occu. Labour, R/o. Golibar Tekdi, Sangama Chowk, Ram Nagar, Dhule, District Dhule.
....Applicants.
Versus
1.
The State of Maharashtra, Through Parola Police Station, Parola, District Jalgaon.
2.
Nilesh Jagganath Nikam, Age 43 years, Occu. Business, R/o. Pendharpura Galli, Ta. Parola, District Jalgaon.
....Respondents.
Mr. N.L. Choudhary, Advocate for applicants.
Mr. A.A. Jagatkar, APP for respondent/State.
CORAM :T.V. NALAWADE AND SMT. VIBHA KANKANWADI, JJ.
DATED : 27/08/2018.
JUDGMENT : [PER T.V. NALAWADE, J.] 1) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.
2) The proceeding is filed under section 482 of Criminal Procedure Code for relief of quashing of F.I.R. No. 165/2018
registered with Parola Police Station, Jalgaon for the offences punishable under sections 363, 366, 384, 34 etc. of Indian Penal Code. The crime is registered on the basis of report given by brother of a major girl. He had filed private complaint for aforesaid offences in the Court of J.M.F.C., Parola and the complaint is referred to police for investigation under section 156 (3) of Criminal Procedure Code. The papers of investigation were made available. 3) In the present proceeding itself there is affidavit of a girl, sister of the complainant. She has given her age as 19 years and there is School Leaving Certificate which is not disputed showing her date of birth as 2.2.1999. When there are allegations of offence of kidnapping and demand of ransom made in the complaint, the girl has contended that she has married with applicant No. 1.
In complaint, allegations are made against the other applicants that they had come to the complainant in four wheeler vehicle and by informing that girl was in their custody, they had demanded ransom of Rs.two lakh. There are other statements including the statement of grandfather of the girl on the mother's side and it supports the version of the girl. Some photographs of the marriage are also produced. As the girl is major and there are other circumstances, there is clear possibility of false implication.
allowing further investigation to go on and by asking the present applicants to face the trial for aforesaid offences. In the result, the application is allowed. Relief is granted to them in terms of prayer clause 'B'. Rule is made absolute in aforesaid terms. [SMT. VIBHA KANKANWADI, J.] [T.V. NALAWADE, J.] ssc/