AARESHI MOHAMMED KHAJA PASHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition taken an exception to the FIR No. 1157 of 2020 registered with Faujdar Chavdi Police Station, Solapur, for the offences punishable under Section 420 and 34 of Indian Penal Code.

(2.) It is the case of the applicants that the complainant Mr. Zaheer Tamboli wanted to purchase a four wheeler car, for which he consulted his childhood friend namely Iqbal (who is police personnel at Solapur). On 15.09.2020 Iqbal took him to Auto Heaven Shop which was owned by one Mr. Khaja Pasha. At that time, Mr. Khaja Pasha introduced both of them with his wife Aareshi who was present at the shop. The complainant inquired about Maruti Ciaz car for which shop owner Kahaja Pasha quoted the price Rs. 5,00,000/- (Five Lakhs only), and informed that at present the car is at Mumbai in the godown of Finance Company. The complainant and his friend left the place stating that they will enter into negotiations. Afterwards, Mr. Khaja Pasha called complainant and informed him that he has lowered down the price and ready to sale the old car for Rs. 4,00,000/- (Four Lakhs only), and asked them to come to his shop with an amount of Rs. 3,00,000/- (Three Lakhs only). Accordingly, the complainant asked his brother to deposit Rs. 3,00,000/- (Three lakhs only) into bank account of shop owner. Accordingly, the said amount was deposited.

(3.) It is the case of the 1st informant that, thereafter, Mr. Khaja Pasha did not meet complainant nor replied to his calls and his shop remained close and hence, the complainant lodged complaint with concerned police station and accordingly the FIR came to be registered. Thereafter, anticipatory bail was granted to Applicant No. 1 by this Court (Coram:-Sarang V. Kotwal, J.) vide order dated 15.01.2021. It is the case of the applicants that that there is no offence made out against the applicants No. 2 and 3 and the impugned FIR is nothing but abuse of process of law and the said FIR is registered with intention to take revenge and teach lesson to the applicants and to extort as money as possible from the applicants.