STATE OF MAHARASHTRA Vs. ARUN GULAB GAWALI

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and Order dated 27.07.2006 in Criminal Writ Petition No. 3169/2005 with Criminal Writ Petition Nos. 874 and 878 of 2006, passed by the High Court of Judicature at Bombay, allowing the said petitions filed by the respondents and quashing the Criminal Complaint/FIR.

(2.) Facts and circumstances giving rise to the present appeal are that Mohd. Qureshi, one of the respondents, lodged a complaint dated 8.11.2005 with Deputy Commissioner of Police, CID (Unit III) against the Arun Gulab Gawali gang. The said complaint was forwarded to Agripada Police Station. Accordingly, CR No. 241/2005 under Sections 384, 386, 506(ii), 120, 34 of Indian Penal Code, 1860 (in short, "IPC") was registered against Arun Gulab Gawali, MLA, respondent herein, and members of his gang, namely, Sunil Gathe, Sadanand Panchal, Rajendra Sadvirkar and Sanjay Girkar. After taking over of the investigation by DCB, CID, Mumbai, CR No. 135/05 was registered.

(3.) According to the said complaint, there was a commercial transaction in December, 2002, between one Mr. Doshi and Mohd. Qureshi in respect of the purchase of Hotel Pritam International at Ambernath in partnership and certain payments had also been made, but there was a dispute between the parties. An advertisement was issued for sale of the hotel, but the said hotel could not be sold for two years and the differences between them continued. On 15th March, 2005, the complainant received a telephone call from an unknown person, who used very vulgar and indecent language and told the complainant to come to Dagadi Chawl for settlement of the dispute of Hotel Pritam. Dagadi Chawl is the residential place of respondent, Arun Gulab Gawali, and he also has an office in that Chawl. The complainant became scared and went to Dagadi Chawl on 18th March, 2005. On reaching there the complainant met one person by the name Sanjay Girkar, who abused him. Sanjay Girkar contacted Mr. Doshi on his mobile and spoke with him in vulgar language and asked him to come to Dagadi Chawl for settlement of the case of Hotel Pritam. The complainant and Mr. Doshi visited Dagadi Chawl a number of times along with other persons. The accomplices of Arun Gulab Gawali gave threats to them and directed them to act according to their instructions. Due to fear of threats of the members of the said gang, Mr. Doshi and the complainant agreed to pay the extortion money. The complainant was instructed to pay a sum of Rs. 15 lakhs to Shiv Shambhu Trust, which is managed by Arun Gulab Gawali. The complainant paid the amount of Rs. 15 lakhs to the said Trust under the threat that if this amount was not paid, then his life would be in danger. The complainant also learnt that Mr. Doshi had already paid Rs. 25 lakhs to the said gang under threat. Subsequently, the accomplices of Arun Gulab Gawali made telephone calls to the complainant to pay Rs. 3 lakhs more and the said amount was also paid. They also forced the complainant to sign certain papers.