BURZIN DARUWALLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Applicant is apprehending arrest in connection with Crime No.309 of 2020 for the ofences punishable under Sections 406 , 420 of the Indian Penal Code, 1860 and Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifce and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 (In short 'Black Magic Act') on a complaint by one Sarika Samanta.

(3.) It is the complainant's case that the applicant being her close acquaintance, convinced her that he would help and solve her matrimonial and health issues of her husband by performing pooja through one Guruji, Sanjay Chaube. On this pretext, he demanded money from the complainant. Neither rituals were performed nor her problems were solved and thus, complainant got suspicious of applicant's intention and fled report to Ambernath Police Station against the applicant and Sanjay Chaube for cheating her. FIR discloses the fact that the complainant since 2015 paid Rs.10,90,762/- to the applicant by transferring the amount in his bank account. Besides, she lent Rs.76,38,838/- as friendly loan to the applicant since 2015 to 2019. In consideration of the promise to perform rituals, applicant gave rings to the complainant assuring that on wearing these rings, her problems would be solved. FIR suggests, when the complainant confronted applicant that despite performing rituals and pooja, her problems were not resolved, he demanded more money and told her that since she did not follow the ritual norms and instructions of Sanjay Chaube, it could not yield desired results. Complainant being not convinced with this, asked the applicant to return money, which he refused and thereupon complaint was fled.