SANTOSH ANANTA DHUMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A strange scenario is emanating in the present case. The applicant seek protection from his arrest in connection with C.R.No.345 of 2020 registered with Paud Police Station, Pune thereby invoking Sections 364A , 385 , 386 , 147 , 148 , 149 , 143 of IPC and Sections 4 and 25 of the Arms Act.

(2.) The complainant is one Nikhil Tanaji Veer, who has alleged that on 12th May, 2020, he received the phone call from one Mohan Tonde and he was called to be present on the border near Silent Valley Road. When he was approaching to the said place, Mohan Tonde, Ajay Tonde, Satish Tonde and Keshav Veer met him. Thereafter it is alleged that he was assaulted by the said persons and threatened with dire consequences. On 13 th May, 2020, he reported the said incident in Paud Police Station and was taken to the hospital for treatment. On 15th May, 2020, at around 6 p.m., he was driving his motorcycle and when it was passing through Silent Valley, Ajay Tonde, Keshav Veer, Mohan Tonde and Prafull Jambhure intercepted him and he was made to sit on the motorcycle of Ajay Tonde by brandishing a weapon by Prafull Jambhure. He allege that they also accompanied Ajay Tonde on his bike. He was then tied to a tree and was assaulted. Ajay Tonde assaulted him by means of iron rod, Prafull Jambhure by iron sword and Keshav Veer and Mohan Tonde assaulted him by pulling the branches of the tree on his hands, legs and stomach. At that time, two persons from his village, namely, Janardan Gaikwad and Santosh Dhumal (applicant) arrived there on the motorcycle. He allege that these persons also assaulted him by hand. It is specifically alleged that the present applicant snatched a sword from Janardan and assaulted him on his stomach by the rear hand. He also demanded an amount of Rs.10,00,000/-. He was threatened to bring the amount of Rs.10,00,000/- within 15 days and on failure to do so, he was threatened with dire consequences. In the backdrop of these accusations, the C.R. was registered and the present applicant was arraigned as accused No.1 alongwith five other persons.

(3.) Pertinent to note that subsequent to this FIR where the applicant is indicted as an accused by Paud Police Station, the informant approached the Investigating Officer with a submission that the name of the applicant has been included in the said complaint inadvertently. He specified that the name of the applicant has been included by mistake and in fact, he never attributed any role to the present applicant. Since the Investigating Officer turned his request to deaf ears, he approached the Superintendent of Police, Pune (Rural) on 19 th May, 2020 by preferring an application seeking removal of the name of the applicant from the FIR, since he had no grievance against him and he specifically averred that the applicant had played no role in the said crime. He also approached the Judicial Magistrate First Class, Pune by preferring an application, again reiterating his stand and informing that the FIR has been wrongly recorded by the police, including the name of the applicant. The learned Judicial Magistrate First Class, Pune disposed of the application with a direction to the informant to approach the Investigating Officer and to get his supplementary statement recorded. There was failure to record such statement, which constrained the complainant to approach the Judicial Magistrate First Class once again. After this exercise, the supplementary statement of the complainant came to be recorded on 3rd July, 2020. In the said statement, the complainant has narrated the incident which took place at around 6 p.m. on 12 th May, 2020. He state that while he was riding the motorcycle, he was intercepted and taken by the accused persons to a nearby place where he was tied to a mango tree. The allegation in respect of the incident narrated in the complaint, which occurred on 15th May, 2020, has been stated by the complainant in his supplementary statement.