SANDEEP LAVKUSH JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the appellant.

(2.) By this appeal, preferred under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (for short 'SCST Act'), the appellant seeks pre-arrest bail in connection with C.R. No.203 of 2023, registered with the Borivali Police Station, Mumbai, for the alleged offences punishable under Ss. 376(2)(f), 376(2)(j), 328, 346, 354, 386, 387, 506(2), 506 , 323, 504, 34 of the Indian Penal Code and under Ss. 3(1)(r) ,3(1)(s), 3(1)(w)(i), 3(1)(w)(ii), 3(2), 3(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Ss. 3, 13 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act,2013.

(3.) Learned Counsel for the appellant states that the allegations as against the appellant, a certified astrologer, are false and baseless. He states that the present C.R pertains to an incident dtd. 11/5/2022 and the FIR has been lodged on 29 th March 2023 with the Borivali Police Station, Mumbai. He submits that the respondent No.2 i.e. the prosecutrix has suppressed from the police of the Borivali Police Station of the lodging of an earlier FIR dated 24 th March 2023 registered vide C.R. No.128 of 2023 with the Bhoiwada Police Station, as against Jitendra Baban Kanthe, also a co-accused in the present case alleging the same offences i.e. the offences punishable under Ss. 376(2)(n), 354A, 323, 504, 506 r/w 34 of the Indian Penal Code . He submits that there is not a whisper in the said C.R. i.e. C.R No.128 of 2023 lodged before the Bhoiwada Police Station with respect to the allegations made as against the appellant pertaining to an incident dtd. 11/5/2022. He submits that there are 4 CRs lodged by the respondent No.2 as against her husband, his family members including her own daughter and even an Advocate.