ASHT BHUJA NATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present petition has been filed by the original accused persons challenging the order passed on 27-07-2018 by learned Judicial Magistrate First Class, Court No. 14, Aurangabad in RCC No. 2202 of 2017; thereby rejecting their application under Section 239 of the Code of Criminal Procedure. The petitioners have also challenged the order passed by learned Ad-hoc District Judge-2 and Additional Sessions Judge, Aurangabad on 1-11-2018; whereby he has rejected the Criminal Revision Application No.247 of 2018 filed by them to challenge the order passed by learned Magistrate.

(2.) The factual matrix leading to the present petition are that, petitioner No.2 is real sister of respondent No. 2. Petitioner No.2 had filed First Information Report (FIR) against respondent No.2, her husband and son under Section 344 , 354 (a), 323, 504, 506 r/w 34 of Indian Penal Code on 19-03-2017. Respondent No.2 has then lodged a report against the present petitioners on 23-03- 2017 as counter-blast. Crime has been registered vide CR No.220 of 2017 against them on the basis of said report. It has been alleged in the FIR that she is residing with her husband and son in a house which was standing in the name of her father. There is only one staircase to the flat and her house consists of three rooms. The dispute is going on in Court of law in respect of the house between her and the accused persons. She was in house around 2.00 p. m. On 22-03-2017, accused entered her house unlawfully and accused No.1 had abused and assaulted her. He pulled her scarf (odhani) and pressed her breast. He had outraged her modesty. When she raised shouts, her husband came and when fact was narrated to him, and he asked accused No. 1 about his acts, he was also assaulted. In the meantime, accused No.2 entered the house forcefully and assaulted informant. Threats were given to them by the accused that they would see how they continue to stay there, they would be evicted.

(3.) After the completion of the investigation, charge-sheet has been filed. Accused persons have been released on bail. They appeared after the charge-sheet was filed. They filed an application for discharge under Section 239 of the Code. It was contended that accused No.1 was attending an institution on 22-03-2017 between 1.00 p. m. To 2.00 p. m. He was not at all present when the alleged incident had taken place. There is a civil dispute pending between accused No.2 and informant in connection with the house property. Accused No.2 had lodged report against the informant, her husband and son. It is prior in time. A false report has been lodged to give counter-blast to the report filed by the accused No.2.