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1-Wai-340 CRPC - Rape Case - Display
1-Wai-340 CRPC - Rape Case - Display
Cri. M. A. No. 106/2020.
Manish v/s. State of Maharashtra & ors.
Exh. 01.
:: O R D E R ::
2. The applicant Manish Milani has filed this application
as per Section 340 of Code of Criminal Procedure with prayer to
initiate prosecution against respondents / nonapplicants No. 2 to
6 as per Section 195 of Code of Criminal Procedure. It is
contention of the applicant that in collusion with nonapplicant
No. 3 to 6, nonapplicant No. 2 Ruchika has lodged false, frivolous
and vexatious first information report bearing No. 08/2020 against
present applicant under Section 376D, 323, 504, 506 of Indian
Penal Code at Wai Police Station. It is further contended by the
applicant that there was property dispute between him and non
applicant No. 5 and on the say of nonapplicant No. 5, non
applicant No. 2 has lodged false FIR against present applicant at
Wai as well Bhivandi Police Station under Section 376 of Indian
Penal Code. It is further contended by the applicant that non
applicant No. 2 has given false and vexatious statement before this
Court under Section 164 of Code of Criminal Procedure relating to
false FIR bearing No. 08/2020.
3. As per contention of the applicant that on the date of
alleged incident mentioned in FIR bearing No. 08/2020, he was in
abroad. It is further contended that, during investigation of Crime
No. 08/2020 of Wai Police Station, Investigating Officer has found
that no offence has been committed at all by the present applicant,
.. 2 ..
Cri. M. A. No. 106/2020.
Manish v/s. State of Maharashtra & ors.
Exh. 01.
6. In support of his contention, the applicant has placed
reliance on following authorities.
D. H. S. Bedi v/s. Nation High Way Authority of India, 2016 (I)
AD Delhi, 661
applicant. These authorities are based on Judicial Proceeding in
that respective cases. Therefore in my opinion these authorities are
not helpful to the applicant in present case. In the case in hand, in
my opinion, prosecution can not be initiated on the basis of
BSummary report filed by Investigating Officer. The present
application is not maintainable in the eye of law. Therefore, the
application is liable to be rejected. Hence, I pass following order.
:: O R D E R ::
Application is rejected.
Place : Wai. (V. N. Girwalkar)
Date : 03.10.2020. Judicial Magistrate First Class, Wai.