MOHD. KHALID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Application under sec. 439 of Cr.P.C. filed by the aforesaid Applicants who are arrested in C.R.No.I-312/2020 registered with Bhiwandi City Police Station for offences punishable under Sec. 364A, 384, 385, 386, 387 r/w. 34 of the Indian Penal Code and Sec. 3, 25 of the Indian Arms Act.

(2.) Heard Mr. Ashok Mundargi, learned senior counsel for the Applicants, Mr. Rajendra Rathod, learned counsel for the complainant and Ms. A.A. Takalkar, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

(3.) The aforesaid crime was registered pursuant to the First Information Report (FIR) lodged by Takweem @ Guttu Ajaz Khan. The complainant is engaged in construction business under the name Razi Constructions. In the year 2014, the complainant had undertaken redevelopment of Rangadi Building at Bhiwandi. At the relevant time, the Applicant No.1 was the Corporator of Bhiwandi Nizampura Municipal Corporation. He called the complainant to his office and instructed to give him 20% of the profit towards protection money to ensure that the construction was not obstructed. There was an altercation and scuffle between the complainant and the Applicant when he refused to pay the money.