Annasaheb Madhavrao @ Mahadevrao Sonawale v. Ashwin Janardhan Bhagwat

( PER : SMT. VIBHA KANKANWADI, J. )1Present application has been filed under Section 482 of the Codeof Criminal Procedure, 1973 for quashment of proceedings in RegularCriminal Case No.48/2021 pending before learned Judicial Magistrate FirstClass, Parner, Dist. Ahmednagar arising out of First Information Report vide Crime No.242/2018 dated 11.08.2018 registered with Police Station, Parner, Dist. Ahmednagar, for the offence punishable under Sections 420, 419, 468,471 read with Section 34 of the Indian Penal Code, 1860, Sections 2(2),2(10), 3(2) of the Maharashtra Prevention and Eradication of HumanSacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act,2013 and Sections 33, 34, 36, 38 of the Maharashtra Medical PractitionerAct, 1961. 2Heard Learned Advocate Mr. R.R. Karpe for applicants, learnedAPP Mrs. R.P. Gour for respondent No.1 and learned Advocate Mr. N.B.Narwade for respondent No.2, who is appointed to assist the Court.

3Cri. Appln_1537_20233Learned Advocate for applicants has submitted that present applicants are brothers and original accused Nos.7 and 8. Their father is accused No.6. Respondent No.2 has stated that he as well as his team do the work of eradication of superstitions all over Maharashtra. About 08 months prior to First Information Report he had received information that accusedNo.6 Mahadevrao, who is father-in-law of accused No.1 Baban SitaramThube, is involved in superstitions activities and by saying that customer should consume medicine mixed with ash would deliver a male child or if anybody is in pain, then it would be relieved. Informant and his team had gone to Kanhur Pathar 3-4 times and had confirmed the news. They started collecting the data of those persons involved in the superstition, thereby it was revealed that accused No.6 had taken B.A.M.S. Degree from PodarCollege, Mumbai in 1974.

He is a medical practitioner by profession, however, he is involving in practices of giving medicine for conceiving the couple who are not having issues and even after the pregnancy within 2½months he would change the sex of fetus. All these superstitions activities were going on and, therefore, informant had carried out sting operation with the help of police. Supplementary statements have been recorded, however, in one of the supplementary statements names of present applicants have been transpired stating that they were looking after the business of their parents. Except the said bare statement there is nothing against them. 4Cri. Appln_1537_2023 Though it was stated that a video recording has been done while carrying outsting operation; yet, the said videography would show that no such incidentas alleged has taken place. Account statements of both applicants would show that they have not received any amount.

Rather applicant No.1 is doing business and applicant No.2 is an agriculturist. It would be unjust to ask applicants to face the trial for the evidence on record. 4Per contra, learned APP as well as learned Advocate appointed to assist the Court to represent the cause of respondent No.2 have opposed the application and submitted that entire charge sheet is filed and sting operation includes the involvement of present applicants. They were managing the affairs of business of their father. The video recordings those were provided to learned Judicial Magistrate First Class, now, after so many months of filing charge sheet would also show that there are conversations which would support the prosecution story. There are statements of witnesses and, therefore, this may not be the fit case where powers should be exercised, when the offence is against the society. 5At the outset, we would say that First Information Report has been lodged by a third person, prima facie, who has no enmity or reason to implicate accused persons.

He has stated that when information was received in respect of accused No.6, he as well as his team had visited 3-4 5Cri. Appln_1537_2023times and gathered the data. Even on the day of incident it is stated that along with informant, his team, even police were present. There are statements on record to show what was going on at the relevant time in presence of accused No.6. Now, as regards present applicants are concerned, it is stated that being sons of accused No.6 they were in business of supporting their father. The basic needs of finance are taken care of and it is stated that it is mainly on the basis of alleged business or activities of superstitions by original accused No.6. Though the pen drive initially was not given; yet, thereafter it appears to have been presented before learnedMagistrate, who has then got the data decrypted. It shows about the activities of superstitions going on.

When the person knows that he iscarrying out illegal activity, then he may not leave any piece of evidence against him. It is, therefore, less likely that there would be transactions through bank in this case. In such cases, we will have to rely on oral and circumstantial evidence. Informant has taken name of present applicants specifically. The case involves social cause and, therefore, when there is oral evidence stating the involvement of applicants, it cannot be taken as a fit case where powers under Section 482 of the Code of Criminal Procedure should be exercised. Hence, following order. 6Cri. Appln_1537_2023ORDERi)Application stands rejected. ii)Fees of the appointed Advocate is quantified at Rs.7,000/-(Rupees Seven Thousand only), to be paid by High Court Legal Services SubCommittee, Aurangabad. ( SANJAY A. DESHMUKH, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd