Advocates:
['PRAFULL MOHAGAONKAR', 'PARAG UKEY', 'PANKAJ UNDIRWADE', 'APP']

124apl220.12.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (APL) NO.220 OF 2012

(Raju Vitthalrao Bhadre .vs. State and anr.)

....................................................................................................................................................................

Office Notes, Office Memoranda of

Coram, appearances, Court's orders Court's or Judge's order

of directions and Registrar's orders

.....................................................................................................................................................................

Mr.P.Mohgaonkar, Adv. for the applicant.

Mr.D.B.Patel, A.P.P. for respondent no.1/State.

CORAM : A.P. BHANGALE, J.

DATED : 12th April, 2012.

Heard.

The applicant, by this application under

Section 482 of the Code of Criminal Procedure,

has prayed for to quash and set aside the First

Information Report No.35 of 2012 dt.23.2.2012

registered under Sections 143, 147, 387, 120-B

and 109 of the Indian Penal Code reported at

Police Station, Ajni, Nagpur.

According to the applicant, inherent

powers are required to be exercised in the instant

matter because police have concocted a story and

involved the applicant herein in the matter,

though he is innocent. Further, according to the

applicant, his name was not mentioned in the

complaint and no specific role was attributed to

him while the complainant had filed an application

for police protection on 20.2.2012. According to

124apl220.12.odt 2

the applicant, the F.I.R. is nothing but abuse of

process of law and therefore, it is required to be

quashed.

Copy of the F.I.R. is annexed with the

application. It appears that F.I.R. No.35 of 2012 is

reported at Police Station, Ajni on 23.2.2012

under various Sections such as 143, 147, 387,

120-B and 109 of the Indian Penal Code. The oral

report indicates that one Akhil Krushnarao Borikar

reported that his mother, while she was

unmarried, had purchased plot nos. 11 and 12 in

Block-F from Survey No.22/1 situated at

Babulkheda. About that plot, the first informant

had received threats from one Ashish Khadatkar,

who was intending to grab that plot, even when

the first informant's mother had no intention to

sell it. On one day, when the first informant

visited the site, he found one Iron Board

mentioning name of his mother as Shindu

Lohkare, Mob. No.9763141940 on the site. When

the first informant contacted on that mobile

number, the person on the other end asked him

to come near Omkar Nagar chowk to meet him.

The first informant went to meet that

person, who was unknown. Along with him, there

were certain persons who were appearing like

gundas. The unknown person told the first

informant that he is possessing the plot and that

the police will cause no harm to them. The first

informant met Shri Pappu Mendhe, resident of

124apl220.12.odt 3

Wadi. On information, he came to know that one

Gijrya and Tarachand Khillare had displayed the

Board on that plot and the name of the unknown

person was Gijrya. He had described the xerox

papers in possession of the first informant as

fraud and Tarachand said to the first informant

that “ yeh sab hum kabje lene ka kaam Raju

Bhadre ke kehane se milkar karte hai. Kabja

nikalna hai toh len den karna hoga; tum police ke

paas bhi jaayenge toh bhi police kuch nahi

karengi. Hamne yeh kabja liya hai, hum police ko

den dete hai”. Thus, the first informant was

threatened. At that time, he had not reported

about the threats to police. Mobile Number of the

first informant was taken by Tarachand Khillare

and he gave his Mobile No.9373334380 to the

first informant. Ta