2024:BHC-AS:28423-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 276 OF 2024 Ajit Prabhakar Kulkarni, Age: 48 years, Occu: Social Service, R/o. Flat No.601, Disha Residency, Vijay Deshmukh Nagar, Vijapur Road, Solapur. …..Petitioner Vs.

1. State Of Maharashtra, (Through Mohol Police Station, Vide C.R.No.1192/2022).

(Notice to be served upon A.P.P.

High Court, A.S., Bombay)

2. Prashant Subash Bedase, Age: 37 years, Occu: Tahsildar Mohol, R/o: Tal Mohol, Dist.: Solapur. …..Respondents Mr. Ritesh Thobde with Zubi Ansari, with Ms. Ankita Rai, for the Petitioner.

Mr. Vinit A. Kulkarni, APP, for Respondent No.1-State. Mr. V. N. Upase, PHC, Mohol Police Station is present.

CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ.

DATE : 1^st JULY, 2024.

JUDGMENT (Per Dr. Neela Gokhale) :-

1) Petitioner seeks to quash the F.I.R. No.1192 of 2022 dated 23^rd December 2022 registered with the Mohol Police Station, Solapur Rural, for offences punishable under Sections 353, 384, 387, 500 and 504 read with

34 of the Indian Penal Code (I.P.C.).

2) The Petitioner claims to be a social crusader working for betterment of the downtrodden and vulnerable section of society in Solapur District. The Respondent No.2 (Complainant) is a former Tehsildar in the Mohol Tehsil Office.

3) It is the case of the complainant as discerned from the F.I.R. that, the complainant was working in the Tehsil office since 21^st September 2021 as Tehsildar. He is a hardworking Officer attending office even on public holidays. On 20^th October 2022, one Vaibhav Javale came to his office and complained that, no action was being taken on illegal mining done by some Company. The complainant informed him that, his office had taken necessary steps to prevent any person from indulging in illegal mining activities in his area of operation. The complainant also conveyed that, documents in that regard will be made available to any person applying under the Right to Information Act. Despite clarification in that regard, said Javale called the Petitioner on phone and handed over the phone to the complainant. The Petitioner then demanded an amount of Rs.50,000/- from the complainant and threatened to start a protest if his demands were not met. It is also the case of the complainant that, the Petitioner along with his accomplice continued to send him intimidating messages threatening to commence protests and other such activities if the complainant did not pay him money as per his demand. He went to the extent of spreading canards about the Petitioner in text messages and forwards defaming the complainant on various news portal via social media. On 23^rd December 2022, as usual when the complainant was in his office, at about 11.30 am. Vaibhav Javale came to his office and again started making demand of money. The Petitioner once again threatened to initiate protest and defame the complainant during the ensuing Legislative Assembly Session in Nagpur. He also called him on phone innumerable times with threats and further demands of money. The complainant being fed up with such threats and demands, complained to the police of the Mohol Police Station. They set up a trap for the Petitioner and caught him red-handed while accepting an amount of Rs.8,000/- in the form of 40 currency notes of 200 denomination from the complainant. It is thus the case of the complainant that, the Petitioner and his accomplice used criminal force on him being a public servant in the execution of his duties as a public servant with an intent to prevent him from discharging his duties. The complainant has thus lodged the F.I.R. impugned herein.

4) Mr. Thobde, learned counsel appears for the Petitioner and Mr.

V. A. Kulkarni learned APP represents the State.

5) Mr. Thobde contends that, the allegations in the F.I.R. do not make out any case for trial and that they are inherently improbable. He submitted that, ingredients of the offences as alleged are not even prima facie made out