RUSHIKESH AVINASH CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 438 of Code of Criminal Procedure. The applicants claim to have an apprehension of being arrested in connection with Crime No. 305 of 2020 registered with Gangakhed Police Station, Dist. Parbhani for the offences punishable under Sections 364 , 307 , 143 , 147 , 148 and 149 of the Indian Penal Code and under Section 135 of Maharashtra Police Act, 1951.

(2.) Heard. Perused First Information Report ("F.I.R.", for short) and related police papers.

(3.) F.I.R. has been lodged at 11.00 p.m. on 30 th June, 2020 in respect of the incident that took place at 04.30 p.m. same day. It is alleged in F.I.R. that the informant along with his relative had been to a poultry farm to fetch left over flesh for the informant's pigs. Applicant No.2 - Kshitiz, accompanied by three unknown persons, came there. They caught hold of the informant and manhandled him. Informant's relative fled away. Kshitiz allegedly lifted the informant and made him to sit on a scooty. One, who was with Kshitiz, started the scooty. The others started on their separate motorbike. They took the informant to one old wada via Shani Mandir, Taru Mohalla road. Applicant No.1 - Rushikesh was present there. He started assaulting the informant with iron pipe. He gave threats to his life. The other three unknown persons had caught hold of the informant. Applicant No.2 - Kshitiz also beat up the informant with iron rod. Cloths on the person of the informant were removed. Kshitiz injected petrol in anus of the informant, while Rushikesh rubbed salt thereon. Other three persons beat up the informant with fisty cuffs. One person came there. He reasoned with the applicants and the unknown assailants. There upon the applicants and the assailants went away. The informant put on his cloths. That person asked one another person to take the informant to police station. Accordingly, the informant was taken to the police station. That person then left. The informant, thereafter, lodged F.I.R.