BABU DAMU PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 438 of the Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R. 229 of 2023 registered with Vijapur Naka Police Station, Solapur (city) for the offences punishable under Ss. 323, 327, 504 and 506 r/w 34 of the IPC .

(2.) The aforesaid crime was registered pursuant to the FIR dtd. 25/04/2023 lodged by Aditya Bharat Jadhav. A perusal of the FIR prima facie reveals that on 24/04/2023 at about 7.30 p.m. the First Informant had gone to the house of the Applicant to collect clothes, which were given for embroidery. It is stated that the Applicant and his son abused and assaulted the First Informant. It is stated that they threatened to cause his death and in this scuffle the Applicant snatched gold chain of the First Informant. It is further stated that subsequently he learnt that cash of Rs.26,000.00 and the clothes, which he had kept in the car were missing. Based on these allegations, the aforesaid crime has been registered.

(3.) The FIR does not prima facie indicate that the Applicant had caused hurt to the First Informant for the purpose of extortion or with an intention to compel him to do any illegal act or facilitate commission of offence. In such circumstances, prima facie offence under Sec. 327 is not made out. Other offences are bailable.