RAJESH ALIAS DHAMMESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) By this criminal application, the applicant seeks the quashing and setting aside of the First Information Report bearing No. 180/2017, registered against the applicant for the offence punishable under Section 385 of the Penal Code.

(3.) The applicant claims to be the whistle blower who provides information to the police and revenue authorities from time to time, about the illegal excavation of sand. A report was lodged by the non-applicant No. 2 alleging therein that being a lessee of the sand ghat at Parseoni, when he was approaching the same, the applicant asked him to pay a sum of Rs. 1,00,000/- to him or else he would ensure that the lease of his sand ghat would be cancelled through the Collector. It is alleged that the applicant threatened the non-applicant No. 2 to pay the sum of Rs. 1,00,000/- on the same day or else, the sand ghat of the non-applicant No. 2 would be raided and he would be implicated in the crime for using the Pokland machine on the sand ghat. It is alleged in the report that in view of the threats given by the applicant, the non-applicant was very scared and hence he had lodged the report. On the report lodged by the non-applicant No. 2, an offence was registered against the applicant under Section 385 of the Penal Code.