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2016 DIGILAW 1681 (BOM)

Anoop S/o Niranjan Dodiya v. State of Maharashtra, Through P. S. O. Civil Lines, Akola, Tq. and Dist. Akola

2016-09-14

S.B.SHUKRE

body2016
JUDGMENT : S.B. Shukre, J. Heard. Admit. 2. Heard finally by consent of the learned Counsel for the parties. 3. By this application, the order dated 03/10/2013 passed by the learned Judicial Magistrate First Class, Akola and the order dated 30/09/2014 passed by the learned Sessions Judge, Akola are challenged. The learned Magistrate by his order passed on 03/10/2013 directed investigation under Section 156(3) of the Code of Criminal Procedure the allegations made in the complaint filed by non-applicant No.2 against the present applicants. 4. According to the learned Counsel for the applicants, even when the allegations made in the complaint are taken at their face value, they would not disclose commission of any offence in the sense that the allegations are of such a nature that no person of ordinary prudence would believe in them. According to the learned Counsel for non-applicant No.2, although no complaint was immediately filed in respect of the incident of alleged robbery, which took place on 21/03/2013, the non-applicant No.2 had immediately filed a complaint in respect of second incident dated 07/05/2013, which relates to issuing of threats on phone of causing injury to non-applicant No.2, if he failed to pay Rs.5.50 lakhs. Therefore, he submits that the impugned orders are legal and proper and would require no interference by this Court. 5. It is seen from the order passed by the learned Magistrate that a cryptic remark has been made that the complaint discloses significant offence and, therefore, direction under Section 156(3) Cr.P.C. has been issued. In the opinion of the learned Sessions Judge, there is no occasion at this stage to assess the truth or falsity of the allegations made in the complaint and, therefore, no interference with the order of the learned Magistrate is required. 6. Upon perusal of the allegations made in the complaint and also the impugned orders, I find that both the Courts below have failed to take consideration the most important aspect of the matter. It relates to the nature of allegations made against the applicants. If the applicants had forcibly taken away the Santro car, registration papers of a two wheeler and also stolen cheque-book containing blank cheque leaves, duly signed by non-applicant No.2 and his wife, from his house on 21/03/2013, a man of ordinary prudence would never keep quiet. It relates to the nature of allegations made against the applicants. If the applicants had forcibly taken away the Santro car, registration papers of a two wheeler and also stolen cheque-book containing blank cheque leaves, duly signed by non-applicant No.2 and his wife, from his house on 21/03/2013, a man of ordinary prudence would never keep quiet. Such property and such documents, so valuable and in the nature of valuable security when stolen, would not allow the owner to remain quiet and choose to not file any complaint with the police. There is also no plausible explanation given for such silence. This conduct of non-applicant No.2 itself speaks volumes about the nature of transaction that must be occurring between the applicants and non-applicant No.2. Therefore, I am of the view that the learned Counsel for the applicants is right in submitting that the allegations in this complaint are of such a nature as would not evoke any prima facie belief in them. Something more was required to be shown by non-applicant No.2. Then, as about the second incident of 07/05/2013, no C.D.R. has been placed on record and what is there available on record is only an oral version of non-applicant No.2. In these circumstances, non-applicant No.2 also would not have been believed in what he said about the second incident. All these aspects of both the incidents have not been considered by the Courts below and, therefore, the impugned orders cannot be sustained in law. In fact, the complaint does not disclose prima facie commission of any cognisable offence and it deserves to be dismissed. 7. Accordingly, the application is allowed. The impugned orders are hereby quashed and set aside. The complaint stands dismissed. Application allowed.