PRIYADARSHINI NIKALJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is claiming protection in the event of her arrest in connection with C.R. No.48 of 2020 registered with Lashkar Police Station, Pune. Offences under Sections 384, 385, 386 and 387 read with Section 34 of the IPC were invoked in the said crime. Pertinent to note that a charge-sheet came to be filed on 11/05/2020 in the competent court against Accused No.1 - Dheeraj Sable and Accused No.3 - Mandar Waikar, who were arrested. As far as the Applicant is concerned, she is shown to be absconding and no charge-sheet is filed against her reserving the liberty to file a supplementary charge-sheet.

(2.) The first informant is a resident of Pune and is in development business. He alleged that he was married for second time and his second wife is having a sister, who is also resident of Bibwewadi, Pune. It is alleged by him that on the eve of Diwali, it is the custom to gift something and as expressed by his wife and sister-in-law, they went to purchase a car. They visited a showroom and took a test drive and he assured his wife that the car would be purchased but when he was unable to keep his promise it is alleged that his wife and sister-in-law left the house and disappeared. He attempted to contact them but they were not within reach.

(3.) In the backdrop of this incident, the first informant alleged that on 08/03/2020, he received a phone call from an unknown number and he has given the said number in the complaint. The caller told him that he is calling from Seth's office in Chembur. He hurled filthy abuses at him and he is also alleged to have stated Seth is Chota Rajan and he is his aid and also threatened the Complainant with dire consequences. Another call was received from a number 86000 00140 and a lady was on the phone. She introduced herself as Chota Rajan's niece Tai Nikalje. She then asked him where he is and told him to meet her urgently in her office. On refusal, she told him to meet on the next day and she threatened that he will have to face the consequences if he does not come to her office. He then received a call from Accused No.1 and he informed that Tai who had called him is the niece of Chota Rajan, who handles all his businesses in Pune. He was asked to accompany the caller to Tai's office on the next day. Accused No.1 again called him on the next day morning and reminded him that he has to visit Tai's office. The first informant met Accused No.1 and he was threatened by Accused No.1. The first informant reached near a tea stall near the residence of the present Applicant and Accused No.1 was present there. Accused No.1 introduced the first informant to the Applicant and the Applicant informed him that the first informant's wife and sister-in-law have approached one Mandar Waikar (A-3) who works for her and they have lodged a complaint against the first informant. She is also alleged to have stated that she has already filed a written complaint against him in the Bharatiya Vidyapeed Police Station and if he intends to settle the issue, he should part with Rs.50 lakhs. Rs.25 lakhs would be kept by her and Rs.25 lakhs would be divided between his wife, sister-in-law and Accused No.3. Then it is alleged that there was a threat from her that he will have to face dire consequences if the amount is not paid and it was also stated that Accused No.1 would collect the amount on her behalf. He also states that she pointed a pistol towards him by stating that there are 10 bullets and if he does not give Rs.50 lakhs and does not divorce his wife, she would shoot him. Scared, the first informant states that he handed over Rs.1 lakh to Accused No.1.