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2021 Supreme(Bom) 26

SANDEEP K.SHINDE
Dhananjay Vitthal Gawade – Appellant
Versus
State of Maharashtra Through Superintendent of Police Crime Investigation Department – Respondent


Advocate Appeared:
For the Appellant :Shekhar Jagtap a/w. Sairuchita Chowdhary i/by. J. Shekhar & Co., Atul Damle, Senior Counsel i/by. Vinay Shukla, Advocates.
For the Respondent:Prajakta Shinde, APP, P.I. Subhan Shaikh, Nanaware, Sonawane, Chirlekar, Advocates.

JUDGMENT :

1. The allegations in the nine FIRs registered against the applicant are similar to the effect that the applicant extorted money from the builders-complainants therein. The FIRs relate to the incident from 2015 to 2018. Complainants allege that, they were threatened by the applicant to demolish the buildings which were not in accordance with the planning guidelines or else to meet his illegal demands. It is alleged, the applicant, a sitting Corporator of Vasai-Virar Municipal Corporation sought information about different projects under the Right to Information Act and further alleged that the builders were threatened by taking recourse to the said information. It is prosecution’s specific case that the applicant alongwith his associates obtained information in more than 500 cases under the Right to Information Act and misused the said information for extorting money from those who have been alleged of some breaches.

2. The learned Counsel for the applicant countered the prosecution’s case and contended that the applicant is an RTI activist and in the year 2015, was elected as a Corporator of Vasai Virar Municipal Corporation. That during the period commencing from 31.03.2

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