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APL-573.16 (1).odt-Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 573 OF 2016

APPLICANT :-

Kishor S/o Chintaman Tarone, Aged

about 33 years, R/o; Sawar Tola, Tahsil

Arjuni – Morgaon, District – Gondia.

...VERSUS...

NON-APPLICANTS :-1.The State of Maharashtra, Through

P.S.O., P. S. Arjuni-Morgaon, District –

Gondia.

2.Mrs.Rachanatai W/o Chameshwarji

Gahane, Aged about 41 years, R/o;

Siregaon – Bandh, Post – Sangadi, Tahsil

Arjuni-Morgaon, District – Gondia.

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Mr.R.M.Daga, Advocate for the applicant.

Mr.T.A.Mirza, A.P. P. for the non-applicant No.1.

Mr. Sanjay A. Bramhe, Advocate for the non-applicant No.2.

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CORAM : Z.A.HAQ AND AMIT B. BORKAR, JJ.

DATED : 01.03.2021.

ORAL JUDGMENT : (Per : Amit B. Borkar, J.)

1.

Heard.

2.

Rule. Rule is made returnable forthwith.

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3.

By this application under section 482 of the Code of

Criminal Procedure, the applicant lays challenge to charge-sheet No.26

of 2016 filed in the Court of Judicial Magistrate First Class, Arjuni-

Morgaon, District Gondia in pursuance of First Information Report

No.36 of 2016, registered with the non-applicant No.1-Police Station for

offences punishable under sections 354-A(1)(iv), 509 and 107 of the

Indian Penal Code and section 67 of the Information Technology Act,

2000 and also proceedings bearing Regular Criminal Case No.177 of

2016.

4.

The First Information Report came to be registered against

the applicant and another with the accusations that the applicant

(Accused No. 2) is an administrator of a Whatsapp group, that accused

No.1 used filthy language against the non-applicant No.2 on the

Whatsapp group of which applicant is an administrator, that despite

accused No.1 using filthy language against the non-applicant No.2, the

applicant had not taken any action against the accused No.1. It is

alleged that the applicant being administrator had not removed nor

deleted accused No.1 from the Whatsapp group. It is further alleged

that the applicant had not asked accused No.1 to submit apology to the

non-applicant No.2, on the contrary, the applicant expressed his

helplessness. The non-applicant No.2, therefore, lodged First

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Information Report against the applicant and accused No.1. The

Investigating Agency, after receipt of the First Information Report of the

non-applicant No.2, initiated investigation, recorded statements of the

non-applicant No.2 and other witnesses, seized mobile phones of the

non-applicant No.2 and accused persons and forwarded it to Forensic

Laboratory for further examination. The Investigating Agency, after

completion of investigation, filed charge-sheet before Judicial

Magistrate First Class, Arjuni-Morgaon.

5.

The applicant has therefore, filed present application

challenging filing of charge-sheet and continuation of proceedings

against the applicant. This Court, on 23/08/2016 issued notice to the

non-applicants. The non-applicant No.1 in pursuance of notice of this

Court, has filed its reply stating that there is sufficient material available

against the present applicant. It is further stated that considering the

allegations against the applicant, prima facie ingredients of offence

alleged against the applicant are made out.

6.

We have heard Mr. R.M.Daga, the learned Advocate for the

applicant, Mr. T.A.Mirza, learned A. P. P. for the non-applicant No.1 and

Mr.Sanjay Bramhe, the learned Advocate for the non-applicant No.2.

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7.

We have carefully considered the allegations in the First

Information Report and material brought on record in the form of

charge-sheet.

8.

The crux of the issue involve