STATE OF MAHARASHTRA Vs. NARESH P MANE

JUDGEMENT

(1.) THIS criminal revision application is filed against the order of discharge of the application in criminal case no. 188/P of 1994 arising out of C.R.No.654/1993 of Dharavi Police Station. The order impugned is passed by Metropolitan Magistrate, 12th Court, Bandra, Bombay on 2.2.1995.

(2.) THE prosecution case is that on 30.5.1993 at 10.00 am at Kumbharwada Junction. Matunga Labour Camp, Bombay 19, accused no. 1 and 2 by aiding and abetting each other demanded Rs. 5000/- from complainant's son and threat of cutting his legs and hands was given. The present respondent is not one of the person, who is alleged to have given threat and demanded money. The allegation of prosecution is that those who committed the offence of extortion are the men of the present applicant. However, no evidence whatsoever has been collected. There is only hearsay evidence on the part of the prosecution that those who committed the offence are the men of the accused.