Bombay High Court
Vanessa De Souza And Anr vs The State Of Maharashtra And Anr on 28 September, 2021
Author: N. J. Jamadar
Bench: S. S. Shinde, N. J. Jamadar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 747 OF 2021
Vanessa De Souza & Ors. ...Applicants
Versus
The State of Maharashtra & Ors. ...Respondents
...
Mr. Ashok Mundargi, Senior Advocate a/w. Mr. Ravindra Keshavrao
Adsure, Mr. Sidheshwar Biradar, Mr. Yash Sonavane and Mr. Yogesh
Joshi i/by. Mr. Yash Sonavane for applicants.
Mr. S.R. Shinde, APP for State.
...
CORAM : S. S. SHINDE &
N. J. JAMADAR, JJ.
DATE : 28th SEPTEMBER, 2021. P.C.:
1. Heard Mr. Mundargi, the learned Senior Advocate appearing for applicants.
2. Perused the FIR bearing C.R. No. 114/2021, registered with Lashkar Police Station, Pune City, for the offences punishable under Section 392 and 506 of the Indian Penal Code, 1860 ('Penal Code').
3. The gravamen of indictment against the applicants in the FIR lodged by Respondent No. 2- Vijay Gupta is that on 7th Bhagyawant Punde ::: Uploaded on - 29/09/2021 ::: Downloaded on - 30/09/2021 01:55:23 ::: 2/4 8-APL-747-2021.doc September, 2021 at about 1.00 pm., while he was standing at east street, Pune, an unknown person came thereat and claimed that he was sent by the Applicant No. 1 and 2, and threatened the informant to ask his employer to withdraw the complaint lodged against the applicants, else they would not be spared and, amidst giving threats, snatched away the articles which the informant was then carrying.
4. Mr. Mundargi, the learned Senior Advocate for the applicants submits that the Applicant No. 3 has gone to the place of Respondent No. 3 to deliver the notice of listing of another petition before this Court on 8th September, 2021. In the context of the said incident report came to be lodged after a delay of 16 days with a view to wreak vengeance. Mr. Mundargi has taken us through the record which shows that the disputes are pending between the parties in the Civil Court and in respect of which the Respondent No. 3 has lodged the private complaint i.e. MECR No. 3/2013, in which after the investigation the investigating offcer has lodged the closure report. The instant FIR is stated to be a part of the strategy of lodging multiple FIRs against the applicants.
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5. From a bare perusal of the allegations in the FIR, we fnd that there is a prima facie substance in the submissions on behalf of the applicants. The genesis of the offences in the instant FIR as well as FIR No. 95/2021, appears to be in the civil dispute between the parties. The aspect of delay in lodging the FIR, prima facie, appears to have some signifcance. Hence, issue notice to the respondents, returnable on 12th October, 2021.
6. Mr. S.R. Shinde, the learned APP waives service of notice on behalf of Respondent No. 1.
7. In addition to service of notice through Court, the Applicants shall serve a private notice by Registered Post A.D. and/ or by Courier service and/or by hand delivery or by e-mail/fax on the Respondent No. 2 and 3 and shall fle affdavit of service with tangible proof before the returnable date.
8. For the reasons ascribed hereinabove, we are persuaded to grant ad-interim relief in terms of prayer clause (c), till the next date.
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9. List on 12th October, 2021, in the supplementary causelist.
( N. J. JAMADAR, J.) (S. S. SHINDE, J.)
Bhagyawant Punde
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