RAOSAHEB MURLIDHAR AHIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicants who is appointed through legal aid to represent the applicants. I have heard learned APP for respondent No.1 and learned counsel for respondent No.2.

(2.) This application challenges an order passed below Exhibit 2 issuing process by the Metropolitan Magistrate, 51st Court, Kurla, Mumbai dtd. 23/3/2016 under Ss. 323, 504, 506(ii), 427 read with 34 of the Indian Penal Code. The order reads thus :-

(3.) I have perused the complaint made by the present respondent No.2 against the accused No.1 and the present applicants who are accused Nos.2 and 3. Briefly stated, it is the case of the complainant-respondent No.2 that in the society of which the accused No.1 projected himself to be the Chairman, respondent No.2 purchased a garage. The respondent No.2 required a no objection certificate for electricity meter connection, water connection and for completing other formalities for transfer of garage in his name. It is the allegation that sometime on 20/8/2013 the accused Nos.1 and 2 approached the complainant and both demanded Rs.10,000.00 for giving such no objection certificate. Later on a demand was made by the accused for sum of Rs.2,00,000.00 for the building repairing fund from the complainant and his son. The accused Nos.1 and 2 informed the complainant that the no objection certificate will be given to him only upon the payment of Rs.2,00,000.00. Accordingly, on 29/8/2013 the said amount was paid by the complainant to the accused Nos.1 and 2 in cash. The accused failed to issue the no objection certificate despite accepting the payment and therefore the complainant started demanding refund of the amount. Instead of returning the amount, accused threatened the complainant with dire consequences and often quarreled with him. It is further submitted that accused No.3 who is the wife of the accused No.2 started quarreling with the complainant and his family members. The complainant was thus left with no alternative but to file the complaint under the aforesaid Sec. against the accused before the trial Court.