CHANDRAKANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have approached this Court under Article 226 of the Constitution of India read with Sec. 482 of Cr.PC. seeking relief of quashment of FIR no. 119 of 2022 registered with Bhagyanagar Police Station, for the offences punishable under Ss. 109, 120B, 34, 447, 451, 452, 384 of IPC.

(2.) Criminal Writ Petition No. 1155 of 2022 contains some additional prayers seeking direction against respondent No.1 to initiate inquiry against respondent No.6 for alleged misuse of post and power as a Judicial Officer with help of Police authorities to register false and imaginary offence against the petitioners. One more prayer is made for a direction to initiate inquiry against the respondent No.5 (Investigation Officer) for registering a false and imaginary offence against the petitioners without proper inquiry as per law laid down by Hon'ble Supreme Court of India in Lalita Kumari vs. Government of UP and others.

(3.) Respondent No.6 lodged FIR dtd. 11/9/2022 with Bhagya Nagar Police station alleging that accused persons hatched conspiracy with a view to earn benefit of maintenance amount through his wife Sarika, who is a psychiatric patient. He alleges that in the month of June, 2019, he has been transferred as Ad-hoc District Judge Nanded. Since July, 2021, he has been posted at Biloli. It is alleged that in 2007, he married with Sarika and blessed with two children from said matrimonial relationship. His wife is a Schizophrenic patient and under supervision of experts. However, taking disadvantage of the situation, her parents, brother and relatives are creating obstacles in providing medical aid to his wife with intention to take undue benefit of her poor mental health and extract financial and other consequential benefits from the informant. In 2023, an offence was registered against them with Police Station, Washim. However, settlement was arrived by before Hon'ble High Court. Despite previous settlement, the accused persons are persistent in taking disadvantage of the Schizophrenic condition of his wife and instigates her to file various proceedings for maintenance. Now are residing in his flat at Biloli, knowing well that he has entered in to agreement for sale with Renapurkar Builders and possession is to be handed over to purchaser. Although he has been transferred to Sangamner, accused persons are creating obstacles in taking his children to the School at Sangamner and blackmailing him through his wife.