NILESH PANDURANG HARAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Application has filed this Application since he apprehends his arrest.

(2.) The proceedings relate to C. R. No. 106/2025. The First Information Report (for short 'FIR') is lodged on 1/4/2025 at 23.17 hours by the Dhule (City) Police Station, District Dhule. The occurrence of the incident is stated to between 29/3/2025 and 30/3/2025 between 22.30 hours to 9.30 hours. The alleged offenes are under Ss. 305, 331(3), 331(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). The Informant is one Nilesh Shriram Pawar, aged 46 years.

(3.) The Informant Nilesh has got his name mutated with respect to Compartment No. 61 of the Municipal Corporation, Dhule. He is running a business in Tours and Travels. Regular Civil Suit Nos. 59/2022 and 27/2022 in respect of the said shop which is also the suit property are pending in the Civil Court. On the date of filing complaint, said compartment/shop was in possession of the Informant and he was dealing business of wholesale medicines since 2022 in the said shop. On 29/3/2025 he closed the shop and on 30/3/2025 at 9.30 am when he opened the shop as usual, he found the shatter of the shop was open. The present Applicant was present in the shop with 3 to 4 persons. All the medicines and other articles in the shop were missing. When the Informant asked the Applicant about these articles in the shop, the Applicant informed the Informant that the shop belongs to him and the Informant may taken any action against the Applicant that he may so desire or wish. He further stated that many cases are pending against him and nobody can cause any harm to him. The Informant got scared because of such threats. Accordingly, he lodged report with the Police Station. Thereafter, on the day of lodging FIR, he saw the CCTV Footage of the adjacent shopkeeprs. It was found that the Applicant and 4 to 5 persons broke open the lock of the shop and carried the articles in two vehicles. It is alleged that even though two civil suits are pending in the Court, the Applicant took illegal possession of the said shop. Therefore, on 1/4/2025 the Informant approached the Police Station for lodging report and gave description and value of articles consisting of medicines, refrigerator, computer, printer, inverter, DVR, chairs etc. worth Rs.27,08,990.00.