REKHA RAVINDRA GANDHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application challenging the order passed by the learned Metropolitan Magistrate, 40th Court, Girgaon, Mumbai, order below Ex.6, bearing CC No.4249/PS/2016, whereby the Applicant's application for discharge was rejected. The Applicant was facing the prosecution on the allegations of commission of offence punishable u/s 323, 324, 504 of the Indian Penal Code . Her application was rejected by the learned Magistrate vide order dtd. 14/12/2018. Thereafter the Applicant preferred Criminal Revision Application No.246 of 2019 before the Court of Sessions at Greater Mumbai. That Revision Application was dismissed by the learned Additional Sessions Judge, Greater Mumbai, vide his order dtd. 05/12/2020.

(2.) Learned counsel Mr. Vaibhav S. Parab appears for the Respondent No.2. He undertakes to file his Vakilpatra within a period of one week from today.

(3.) Learned counsel for the Applicant submitted that a false case is lodged against her. The Investigating Officer has not investigated the offence properly. There is a CCTV footage of the entire incident, which would show that the Applicant is innocent and in fact she was assaulted by other members of the society who are strangely shown as witnesses in the charge-sheet filed against her. He submitted that she herself had lodged her own FIR which was reluctantly registered belatedly by the Investigating Officer. Therefore, based on this one sided investigation, the charges could not be framed.