NIKHIL RAVINDRA BAMANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in C.R. No. 546 of 2017 registered with Hinjewadi Police Station, District- Pune for the offences punishable under Section 392 r/w 34 of the Indian Penal Code and Sections 3(1)(ii), 3(2) and 3(4) of Maharashtra Control of Organized Crime Act ( 'MCOCA ' for short).

(2.) It is the case of prosecution that informant is a driver by profession and at the relevant time was employee of Shree Travels, Kagal, District-Kolhapur. On 28/11/2017 his employer directed him to take the passenger in Innova car bearing No. MH 10 AT 6700 and drop them to Mumbai. Out of the said passengers, one passenger wanted to return to Pune so the informant dropped the said passenger at Pune. At about 2-00 a.m. on 29/11/2017, the informant was on MumbaiBanglore highway and somewhere near Bhumkar Chowk his companion dropped him and took the Innova car with him. According to prosecution, as informant wanted to go to Kolhapur he was searching transportation. At about 3-00 a.m. one black Skoda heading from Mumbai was stopped by informant. He was given lift upto Kolhapur, however, it is alleged that the driver of the said Skoda car took 'U ' turn. Thereafter, it is further alleged that the persons in the said Skoda car robbed the informant of his mobile headset of Rs.10,000/- and cash of Rs.1,000/-, driving licence, Voting Card and PAN Card. The informant accordingly lodged the report.

(3.) It further appears from the record that the informant again gave his supplementary statement on 13/12/2018 and then supplemented the contents of FIR by stating that the persons, who was sitting next to the driver, had brandished a weapon like Kukari at him and asked to handover all his belongings. He further stated that another three persons ranging between age group of 25 to 30 also joined later on and while one of them caught hold of him others assaulted and abused him and thereafter all the accused persons left the said Skoda car.