Allowed

Kadir S/O Hamid Patel v. the State of Maharashtra

Bombay HC2 Apr 2016APPLN/1108/2016

Case brief

AI extract

What is this about?

Criminal Application filed for interim protection against a second complaint for similar offence. Court found improbability of victim visiting house again given pending case, suspecting collusion with police constable. Granted interim protection making previous order absolute.

What did the court decide?

Interim protection granted in the order dated 22/02/2016 is made absolute on the same terms and conditions.

Kadir S/O Hamid Patel Vs the State of Maharashtra — Bail and Remand | Bombay HC (2016)

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1 Cr. Appln. 1108/2016

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 1108 OF 2016

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Kadir S/o Hamid Patel,
Age : 28 years, Occu.: Service,
R/o Harsul, Tq. Aurangabad
Dist. Aurangabad.. Applicant

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Vs.
The State of Maharashtra
Through Harsul Police Station,
Aurangabad.. Respondent

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Mr. J.V. Deshpande, Advocate for the applicant
Mr. A.R. Borulkar, A.P.P. for the respondent-State

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 CORAM: M.T. JOSHI, J.
 DATE : 02/04/2016

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ORAL ORDER:

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Heard.

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2.Learned counsel for the applicant files on

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record the certified copy of the previous FIR filed

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against the present applicant by the very same victim

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for the offence punishable under section 376 of the
Indian Penal Code. The same is accepted on record and

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marked as "X" for the purpose of identification.

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.Besides this, in the very complaint, it is
alleged that she had already filed a complaint against

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2 Cr. Appln. 1108/2016

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the applicant for the offence punishable under section
376 of the Indian Penal Code and the case was pending
at the time of filing of the present complaint.

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.According to the present complaint of the
victim, while the said case is pending, on 25/01/2016
she went to the house of the present applicant in order
to bring her certain mobile phone. At that time, the
present applicant and his two brothers abused her and
his brother asked her to come into the house to secure
the mobile and, therefore, while she without going into
the house, returned back. She as well as her companion
Akshay Shinde on a scooty went away. At that time,
however the present applicant and his brother tried to
snatch her 'odhani' and her top. In the circumstances,

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he further threatened that the photo secured by him on
the mobile phone, would be put on the social media.

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3.Mr. J.V. Deshpande, learned counsel for the

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applicant submits that the very contention of the
victim, that despite the pendency of the case for the

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offence punishable under section 376 of the Indian
Penal Code against the present applicant, the victim

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3 Cr. Appln. 1108/2016

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would again visit his house to secure the mobile phone,

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would be improbable. In the circumstances, he submits
that only to involve the applicant in a false case, he
being a Police Constable, the complaint is filed.

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4.Learned A.P.P. opposed the application.

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He submits that the complaint would prima facie show
that the offence is committed.

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5.Upon hearing both sides and taking into
consideration the background of the case, the custodial
interrogation of the present applicant in the present
crime is not required.

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6.In the circumstances, the interim protection
granted to the applicant by this Court vide order dated
22/02/2016 is hereby made absolute on the same terms
and conditions.

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7.Application stands disposed of accordingly.

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 Sd/-

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arp/

Kadir S/O Hamid Patel v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kadir S/O Hamid Patel v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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