IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M.M. NERLIKAR
Ragunath s/o Jagganath Kaulkar – Appellant
Versus
Puspa w/o Sahebrao Wagh – Respondent
| Table of Content |
|---|
| 1. complaint details allegations against petitioners. (Para 3 , 4) |
| 2. counsel arguments regarding the validity of the complaint. (Para 5 , 6) |
| 3. court analysis of legal requirements for proving extortion. (Para 8 , 9) |
| 4. assessment of proper legal criteria for abusive language. (Para 10 , 11) |
JUDGMENT :
Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.
3. The respondent no. 1 initially lodged a complaint on 18/03/2019 with the Police Station, Jalgaon Jamod. As no action was taken on the aforesaid complaint, respondent No. 1 herein filed Criminal Miscellaneous Application No. 73/2019 before the learned Judicial Magistrate, Jalgaon Jamod alleging that petitioners operate ‘Shri. Sant Tukaram Nagari Sahakari Path Sanstha’ on the ground floor of J.T. Patil Complex which is situated in front of Bus Stand in Jalgaon Jamod. On 16/03/2019 between 8:30 p.m. to 9:00 p.m, the petitioners came to the house of respondent no.1. As no male member of the family was present at the relevant time, respondent no. 1 requested petitioners to come back. However, taking advantage of absence of male members, petitioners forcefully entered her
Court clarified the need for clear evidential basis for issuing processes under IPC, specifically for extortion and language offences.
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