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IN THE COURT OF HON’BLE J.M.F.C. SHRI P.S.
KULKARNI SAHEB, DAUND COURT AT DAUND, DIST-
PUNE [MAHARASHTRA STATE]
R.C.C. NO. OF 200

IN C.C. NO. OF 200.

………………..Complainant

V/s

Accused.

APPLICATION U/S 245 OF CR.P.C.

GROUNDS

1) Due to change in circumstances’ the accused constrain to

file present application u/s 245 of Cr.P.C. for discharge,

Humbly submits the Accused 2 to 4 in CC. No170 OF 2010 on

the file of this Hon’ble Court. The Accused further, submit

that, the charge sheet filed by the complainant i.e. State of

Maharashtra through I.O. of Daund Police station and the

proceedings IN RCC No. 380 of 2010 that the file of this

Hon’ble Court is abusing the process of law by not complying

with the Criminal Procedure Codes and accused No.1 to 4 are

liable to be discharged from the case.

DETAILS ARE AS FOLLOWS:

Section 177 of the Criminal Procedure Code reads as under:-

"Section 177: ORDINARY PLACE OF INQUIRY AND TRIAL:

Every offence shall ordinarily be inquired into and tried by a

Court within whose local jurisdiction it was committed."

JURISDTION POINT OF VIEW

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a) As per charge sheet alleged allegations have taken place at Pune

City. No part of the allegation taken place in this Hon’ble Court

jurisdiction. As per section-177 of Criminal Procedure Code,

every offence shall ordinarily be inquired into and tried by a

Court within whose local jurisdiction it was committed;

accordingly accused is liable to be discharged from the case. On

the sole ground of juridction.

b) Applicant put reliance on judgment of the Hon’ble Supreme

Court of India available in ANNEXURE-P/1 in support of this

ground.

c) Complainant i.e. State of Maharashtra through I.O. of Daund

Police station furnished the false information as part of charge

sheet U/s 498A, 323, 504 r/w 34 of IPC. In Para-4, has stated in

her FIR dated 6.10.2010 filed at 14.00 pm at Daund police

Station that :--“ mauL ifyaa-dI isamaa A gaayakvaaD
yaanaI daOnD paolaIsa sToSanamaQyao
ik`.p`ao.kaoD 154 p`maanao tk`ar naaodvalaI
%yaatIla…… efAayaAar poja k` 1 prICod 4 AaoL naM 6
va 7 maQyao ilahuna idlao Aaho kI tarIK 4.10.2010
raojaI ra~I 10 vaajata\ cao saumaarasa vaotaLnagar
daOND yaqao maaJao Aa%yaacao GarI maaJaa navara
AiSaYa hrIScad` gaayakvaaD saasau saaO ]Yaa hrIScad`
gaayakvaaD saasaro hrIScad` iksanarava gaayakvaaD
tsaoca nanad iSatla hrIScad` gaayakvaaD sava-
rahnaar ivaSaala nagar jagatap DoArI puNao 27 ho Aalao
%yaavaoLI maaJaI Aa%yaa laIlaavatI nanavaro yaaMnaI
%yaacao svaagat kolao %yaavaoLI to malaa mhNaalao
Aamhalaa fukTcao svaagat nakao tIna laaK $pyao
tyaar AsatIla tr AamhI tulaa baraobar nao] Asao to
malaa mhnaalao %yaavaoLI maI %yaanaa pOsao
donyaacaI maaJao Aa%yaacaI eOpt naahI tumhI

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basaa maulaIlaa pha maI svayapak paaNaI krto Asao
maI %yaanaa mhNaaloa Asata %yaanaI
caaOGaanaIhI malaa iSavaIgaaL k$na hataanao va
laaqaabaukanaI maarhaNa kolaI %yaavaoLI maaJaI Aa
%yaa laIlaavatI nanavaro va Aamacao AaoLKaIcao p`ivaNa
prdoSaI yaaMnaI saaoDvaa saaoDva kolaI va %yaanaa
samajaavauna saaganyaacaa p`ya%na kolaa prtu to malaa
mhanaalao tuJaa Aamacaa\ kahI saMbaQa naahI tulaa
AamhI naadvaNaar naahI Asao mhNauna maulaIlaa na
pahta inaGaUna gaolao. by saying the offence U/s 498A, 323,
504 r/w 34 of IPC., happened at original complainant residence

place at Vetal Nagar,At.& Po-Daund, Taluka-Daund, Dist-Pune on

4th October 2010 at 20.00 pm. whereas the details in

subsequent Para(s) of the charge sheet reveals that

complainant matrimonial home is Pune City. No part of the

alleged offence taken place at Vetal Nagar, Taluka-Daund

Dist-Pune U/s 498A, 323, 504 r/w 34 of IPC. Territorial

jurisdiction. The Hon’ble Court Mr. P.S. Kulkarni has verified all

documents perused by the IO of Daund Police Station and came

to the conclusion that, the Charges sheet filed u/s 173 of Cr.P.C.

by the IO of Daund Police Station on behalf of State of

Maharashtra against the accused u/s 323, 504 r/w 34 are false

& groundless and accordingly accused No.1 to 4 discharged by

the order dated 26th September 2014 bearing Ex. 82 and 87.

……. Copy of orders are annexed and marked as at Ex.A.

D] The original Complainant stated in her FIR dated 6.10.2010

that, :-“”” tarIK 14.2.2009 raojaI maaJao lagna AiSaYa
hrIScad` gaayakvaaD yaacao baraobar hIndu Qama-
rItI irvaajaa p`maaNao yaaogya tao maanapana
dovauna maaJaI Aa%yaa EaImatI ilalaavatI baabaurava

saaQauna idlaa naahI……SaovaTcaa prICod trI tarIK 14. failed to transfer the complaint to the concern police station has the jurisdiction for further investigation and did not comply with the Criminal Procedure Code. of Daund Police Station.2.O.hyaa kayaa-layaamaQyao k$na idlao lagnaanatr maI maaJao saasarI puNao yaoqao naadavayaasa gaolao saumaaro ek mahInaa %yaanaI malaa vyavasqaIt naadvalao %yaanatr navara AiSaYa hrIScad` gaayakvaaD saasau saaO ]Yaa hrIScad` gaayakvaaD saasaro hrIScad` iksanarava gaayakvaaD tsaoca nanad iSatla hrIScad` gaayakvaaD yaaMnaI malaa tuJao Aa%yaanao lagna vyavasqaIt k$na idlao naahI lagnaamaQyao p`apcaIk saamaana idlao naahI Asao mhNauna iSacaIgaaL va maarhaaNa k$lna ~aasa dovau laagalao tsaoca tulaa maula haoNaar naahI ek vaYaa-cao Aat maula Jaalao naahI tr tulaa saaoDuna dovau Asao mh\Nauna maaJaa CL k$ laagalao %yaa natr malaa idvasa gaolao %yaanatr tulaa maulagaa Jaalaa pa\hIjao tsaoca kaPyauTr vyavasaaya vaaZvanao saaZI maahorahuna tIna laaK $pyao Gaovauna yao Asao mhNauna saasarkDIla laaOk ~aasa dovau laagalao tsaoca malaa to ]paSaI TovaU laagalao tasaoca malaa maaJaI Aa%yaa EaImatI ilalaavatI baabaurava nanaavaro rahnaar vaotaL nagar taluaka daOND ijalha pUnao yaacao baraobar sapk.2009 raojaI lagna Jaalaovar sumaaro ek mahInyaanatr ivaSaala nagar jagatap DoArI punao 27 yaoqao vaoLaovaoLI naadto kalaavaQaimaQyao the State of Maharashtra through I. Applicant put reliance on judgment of . 4 nanaavaro rahnaar vaotaL nagar taluka daOND ijalha pUnao yaanaI rajya raKIva paolaIsa bala gaT k` 5 maQaIla magalamautI.

The investigation seems to be completed by the State of Maharashtra through I. of Daund Police Station within one hrs.4 is residing at Bombay with her In law and working with WIPRO Company.. of Daund Police Station failed to investigate the complaint at the alleged allegations taken place i. Police did not even visit the matrimonial place i. 170 of 2010 does not comply with the Criminal Procedure Codes. Officer and Accused No. the FIR registered at 02..3 is not keeping good health due to old age women..N. This would result in great inconvenience in attending the court hearings in the place of Daund which is about 130 Kms. f) The State of Maharashtra through I.00pm and Panchanama and etc completed between 03. and having their own house at Pune..2 and 3 are Senior citizen of India.00 pm. Investigation conducted on FIR. Hence Accused requests this Hon’ble Court to consider the jurisdiction ground to discharge the Accused from the above said case proceedings. . Proof for no investigation at crime place is enclosed. e) Accused Further submit that the Accused No. Pune City.30pm in the police station itself. as Sr.L. Accused No. No.O. 5 the Hon’ble Supreme Court of India available in ANNEXURE-P/2 in support of this ground.. Distance from their residence to the Daund Court and about 400 Kms from Bombay to Daund Court that would result in miss carriage of justice to the Accused.e. The documents perused by the IO clearly indicates that.O.2 is retired from service due to superannuation from V.e. Pune City even at a single time and completed the investigation at Daund and filed the charge sheet in this Hon’ble Court. statements u/s 161 recorded between 02. Accused No.S.00 to 03.

None of the witnesses is the independent witness. Daund Taluka. upon considering the police report and the documents sent with it under section 173 of CR. continued investigation and filed the charge sheet contains completely different and with new allegations to that of the FIR without having any supporting evidences.O. of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an Opportunity of being heard.P. . concocted. Even witnesses statements contradict with each other. the Magistrate considers the charge against the accused to be groundless”. Section 239 of the Criminal Procedure Code reads as under:- Section 239 CrPC: When accused shall be discharged. All the witnesses are none other than the blood relatives of the complainant. whose statement does not disclose any alleged offence. malicious.C. 6 g) None of the FIR allegation is part of the charge sheet and none of the witness’s statements supports complaint allegations provide information that allegations in FIR all are completely false. h] The Accused further submit that the State of Maharashtra through I. if any. 1973245 reads as under :-. Absolutely no evidence is available for allegations either in complaint or in charge sheet and the accused are liable to be discharged u/s 498a of IPC. of Daund Police Station. who did not live at Vetal Nagar. and making such examination. Section 245 in The Code Of Criminal Procedure.“If.. Even charge sheet allegations are not supported by the witnesses of the case. malafide & filed with oblique motive to grab money and property from the accused.

the Judge while considering the question of framing the charge has the undoubted power to sift and weight the evidences of finding out whether prima facie case against the accused has been made out. 7262/2006…. cannot be accepted by any court at their face value and allegation have to be scrutinized carefully by the court before framing charge. the Magistrate considers. 2.C. upon taking all the evidence referred to in section 244. the allegations are not specific and it is sadly vague allegation. Vague allegation made in the complaint by the complainant against every member of the family of husband. the court must apply its judicial mind. :. Appeal No.M. 3. In this particular case. 6374 of 2010 held that. The SC of India held in AIR 1977 SCR [3] 113 held that. 4. (1) If. he considers the charge to be groundless.THE ACCUSED RELIANCE ON …. SC of India. Delhi High Court CRL. at the time framing a charge. for reasons to be recorded. (2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if. held in Cr. if unrebutted. Further held that. would warrant his conviction. the Magistrate shall discharge him. The SC of India held in the case of Satish Mehara v/s Delhi Administration. 7 When accused shall be discharged. that. it is the duty of the court to consider judicially whether material warrants the framing of the charge. 1. the object of . it cannot blindly accept the decision of prosecution that the accused to face a trial. framing of charge affects a person liberty substantially and therefore. for reasons to be recorded by such Magistrate. that no case against the accused has been made out which.

The SC of India held in the case of Union of India v/s Pragull Kumar Samal that.2010 raojaI ra~I 10 vaajata\ cao . CONTRADTIONS ON THE ALLEGATIONS/STATEMENTS RECORDED U/S 161 OF CR.C. when the allegations are not very specific and prima facie do not inspire confidence..maUL ifyaa-dI isamaa A gaayakvaaD yaanaI daOnD paolaIsa sToSanamaQyao ik`. AT DAUND POLICE STATION 1….10.P. Petition No. If the case ends there. 8 providing such an opportunity as is envisaged in Section 227 of the code is to enable the court to decide whether it is necessary to proceed to conduct the trial. Swaroop Reddy held in Cr. such documents need be produced only after wasting lot more time in the name of trial proceeding 5. Further held that.kaoD 154 p`maanao tk`ar naaodvalaI %yaatIla…… efAayaAar poja k` 1 prICod 4 AaoL naM 6 va 7 maQyao ilahuna idlao Aaho kI tarIK 4. Justice P. Hon. If the material produced by the Accused even at the early stage would clinch the issue why should the court shut it out saying that. Case deserved to be dismissed in the interest of justice.p`ao. 6642 of 2007 that. the Trial Judge who has first to examine the case on the basis of statements of witness recorded by the police and the documents filed with a view to find out whether a prima facia case for trial has been made and then to proceed to try the same. it gains a lot of time of the court and save much human efforts and cost. 6.

mauL ifyaa-dIcyaa vatInao saaxaIdar r@tacao naato Asalaolao laIlaavatI nanavaro yaacaa jabaaba yaanaI %yaacao jabaabaamaQyao il\ahuna idlao Aaho kI.10. to %yaacaI daona maulao naamao EaInaaqa maainak nanavaro va EaIkYNa maainak nanavaro yaacao baraobar vaotaLnagar yaoqao rhanaosa Aaho tarIK 4. 2…..rahnaar ivaSaala nagar jagatap DoArI puNao 27 ho Aalao %yaavaoLI maaJaI Aa%yaa laIlaavatI nanavaro yaaMnaI %yaacao svaagat kolao %yaavaoLI to malaa mhNaalao Aamhalaa fukTcao svaagat nakao tIna laaK $pyao tyaar AsatIla tr AamhI tulaa baraobar nao] Asao to malaa mhnaalao %yaavaoLI maI %yaanaa pOsao donyaacaI maaJao Aa%yaacaI eOpt naahI tumhI basaa maulaIlaa pha maI svayapak paaNaI krto Asao maI %yaanaa mhNaaloa Asata %yaanaI caaOGaanaIhI malaa iSavaIgaaL k$na hataanao va laaqaabaukanaI maarhaNa kolaI %yaavaoLI maaJaI Aa%yaa laIlaavatI nanavaro va Aamacao AaoLKaIcao p`ivaNa prdoSaI yaaMnaI saaoDvaa saaoDva kolaI va %yaanaa samajaavauna saaganyaacaa p`ya%na kolaa prtu to malaa mhanaalao tuJaa Aamacaa\ kahI saMbaQa naahI tulaa AamhI naadvaNaar naahI Asao mhNauna maulaIlaa na pahta inaGaUna gaolao. 9 saumaarasa vaotaLnagar daOND yaqao maaJao Aa%yaacao GarI maaJaa navara AiSaYa hrIScad` gaayakvaaD saasau saaO ]Yaa hrIScad` gaayakvaaD saasaro hrIScad` iksanarava gaayakvaaD tsaoca nanad iSatla hrIScad` gaayakvaaD sava.2010 raojaI ra~I 10 vaajata\ cao saumaarasa vaotaLnagar daOND yaqao maaJao GarI isamaacaa navara AiSaYa hrIScad` gaayakvaaD saasau saaO ]Yaa hrIScad` gaayakvaaD saasaro hrIScad` iksanarava gaayakvaaD tsaoca nanad iSatla hrIScad` gaayakvaaD sava.rahnaar ivaSaala nagar jagatap DoArI puNao 27 ho Aalao caaOGaanaIhI itlaa .

10.10.tumhI taabaDtaoba calaa Asao mhNaalao natr maI jaavauna pahIlao Asataa isamaalaa AaraopaI laaqaa bau@yaanaI . SaovaTuna 4 qaI AaoL… maarhaNa kolaI va %yaanatr AamhI BaaDNao saaoDvalaI va to sava.10.10.2010 raojaI ra~aI 10 vaajata maaaJaa ima~ EaIkYNa maaiNak nanavaro ho maaJao GarI Aalao va malaa saaigatlao kI isamaacao saasau saasaraa navara va nanad vaotaL nagar yaoqao Aalao Aahot va %yaanaI 3 laaK $pyaacaI maagaNaI kolaI …. mhNajao tarIK 4.mauL ifyaa-dIcyaa vatInao saaxaIdar r@tacao naato Asalaolao EaInaaqa maaiNak nanavaro yaacaa jabaaba tarIK 6.daOND nagar prIYadocao nagarsaovak rahnaar iSavaajaI caaOk.2010 raojaI ra~I 10 vaajataa…. 3…….2010 raojaI ra~I 10 vaajata koazoo haotI.10.2010 daOND paOlaIsa kayaa-layaat naaodvanyaat Aalaa poja naM 2 SaovaTcaa prICod phIlaI AaoL…… idnaaMk 4.ifyaa-dIcyaa mhNanyaanausaar maaJaI Aa%yaa laIlaavatI nanavaro va Aamacao AaoLKaIcao p`ivaNa prdoSaI yaaMnaI saaoDvaa saaoDva kolaI va %yaanaa samajaavauna saaganyaacaa p`ya%na kolaa hyaa maQyao EaInaaqa nanavaro yaacao naavacaa kaoTo ih ksalaa hI ]llaoK naahI…. yaacaa jabaaba tarI\K 6. 10 iSavaIgaaL k$na hataanao va laaqaabaukanaI maarhaNa kolaI %yaavaoLI maI svat saaoDvaa saaoDva kolaI…hyaa maQyao p`vaINa prdoSaI yaacaa kahI hI ]llaoK naahI mhNajao ASaI kahI GaTnaa GaDlaolaI naahI.inaGauna gaolao….2010 raojaI ra~I 10 vaajata daOnD yaoqao ASaI kahI GaTnaa GaDlaolaI naahI 4……mauL ifyaa-dIcyaa vatInao saaxaIdar EaI p`ivaNa maaiNaklaala prdoSaI.2010 naaodvanyaat Aalaa %yaatIla SaovaTcaa prICod id 4. puZo p`Sna Asaa Aaho kI to daona maulaabaraobar rahtat tr daonhI maulao tarIK 4.10.

2010 pahta %yaanaI jabaaba naaodvalaolaa Aaho kI ifyaa-dI naamao isamaa hInao malaa faona k$na saaigatlao kI tarIK 4.10. mhNajao ASaI kahI GaTnaa GaDlaolaI naahI 5……mauL ifyaa-dIcyaa vatInao saaxaIdar r@tacao naato Asalaolao EaI ABaya rivad` gaaOD ifyaa-dIcaa maamaa yaacaa jabaaba tarIK 6. %yaavaoLI maI va p`ivaNa prdoSaI yaanaI saaoDvaa saaoDva kolaI.10. 11 maarhaNa krt haoto va %yaavaoLI maI scat saaoDvaa saaoDva kolaI…….2010 raojaI naaodvanyaat Aalaa %yaatIla po\ja 2 prICod 2 .2010 raojaI isamaacyaa saasarkDIla laaokanaI vaotaL nagar yaoqao jaa]na maarhaNa kolaI Asao %yaanaa EaInaaqa .10.10.AaiNa ifyaa-dIcyaa mhNanyaanausaaar prdoSaI Agaaodr paasaunaca itcao GarI haoto.idnaak 4..mauL ifyaa-dIcyaa vatInao saaxaIdar r@tacao naato Asalaolao EaI saunaIla ramadasa sauya-vaSaI yaacaa jabaaba tarIK 6. ifyaa-dIcyaa jabaabaa p`maanao va efAayaAar p`maanao EaI ABaya rivad` gaaOD yaacaa maarhaNa saaoDvanyaa saazI gaaOD yaacaa kaozo hI ]llaoK naahI. prdoSaI yaacao jabaabaamaQyao va ifyaa-dIcaI Aa%yaa yaacao jabaabaa maQyao gaaOD yaacaa kaozohI ksalaahI ]llaoK naahI.2010 raojaI ra~I 10 vaajata daOnD yaoqao ASaI kahI GaTnaa GaDlaolaI naahI 6…….10.hyaa maQyao prdoSaI yaanaI kaoTohI isamaacyaa Aa%yaanao va maI saaoDvaa saaoDva kolaI Asao mhNat naahI. mhNajao tarIK 4.2010 raojaI ra~aI 10 vaajataa maaJaa ima~ EaInaaqa yaacaa faona Aalaa kI isamaacao saasau saasaro navara va nanad ho vaotaL nagar yaoqao Aalao va %yaanaI tIna laaK $pyaacaI maagaNaI kolaI tovha tu yao natr maI toqao jaavauna pahIlao Asata isamaalaa itcao saasarkDcao laaok laaqaa bau@yaanaI maarhaNa krt haoto.

VIOLATION OF CONSTITUTIONAL AND CR. Rather than recording the statement..mauL ifyaa-dIcyaa vatInao saaxaIdar r@tacao naato Asalaolao EaI manaaohr baapu saaLuKo yaacaa jabaaba daOND paaolaIsa kaayaa-lalyaat naaoadvanyaat Aalaa tarIK 6. of Daund Police Station has to explain the necessity to arrest the accused and putting them in the police custody. rights.3 and 4 who are ladies for recording their statements .00 vaajata isamaacao saasau saasaro nanad vaotaL nagar yaoqao Aalao haoto va %yaanaI isamaasa maarhaNa kolaI va tIna laaK $pyao maaigatlao. of Daund Police Station has called accused No. 12 nanavaro yaanaI saaigatlao…..O.P. mhNajao tarIK 4.2010 raojaI ra~I 10 vaajata daOnD yaoqao ASaI kahI GaTnaa GaDlaolaI naahI. without investing the facts of the case thoroughly and scrupulously. he has removed the gold ornaments of senior citizen lady of Accused No. 7……. The State of Maharashtra through I. Remaining all other allegation are the carbon copy of the FIR . PROVISION BY THE IO OF DAUND POLICE STATION :- The State of Maharashtra through I.C.O.2010 raojaI ra~I 11. thereby the IO of Daund Police Station has violated Constitutional Provision and misused his powers.2010 caa paahtaa poja naM 2 phIlaa prICod idnaak 4.10. ALLEGATIONS DO NOT ATTRACT SECTION 498A IPC .3 and put her in the police custody without medical examination and without lady police constable.30 vaajata isamaacyaa Aa%yaanao malaa faoNa k$na kLivalao kI ra~I 10..10. authorities as a public Servant .10.

subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.(Act No.or ……. Any conduct which is likely to cause grave injury to the life. tuJao Aa%yaanao lagna vyavasqaIt k$na idlao naahI lagnaamaQyao p`apcaIk saamaana idlao naahI Asao mhNauna iSacaIgaaL va maarhaaNa k$lna ~aasa dovau laagalao in the charge .. Section 498A of the Indian Penal Code. a) Even considering the allegation that.Section 498A. III. Explanation: For the purposes of this section.Harassment because the woman or her relatives are either unable to yield to the demand for more money or do not give some share of the property.. 46 of 1983) 498A. It is a cognizable. …… or …. (b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable Security or is on account of failure by her or any person related to her to meet such Demand. "cruelty" means (a) Any willful conduct which is of such a nature as is likely to drive the woman to Commit suicide or to cause grave injury or danger to life. limb or health (whether Mental or physical) of the woman. 13 Indian Penal Code . Any conduct that is likely to drive a woman to suicide. IPC ….. HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING HER TO CRUELTY: Whoever. Analysis of the section shows that this law deals with four types of cruelty: II. I. is a criminal offence. iv Harassment with the purpose of forcing the woman or her relatives to give some Property. being the husband or the relative of the husband of a woman.. limb or health of the woman.Introduced in the Penal Code by Criminal Law (Second Amendment) Act of 1983 .

e.and the Original complainant has received maintenance more than Rs. the original complainant is belonging from poor family and almost orphan. admitted and contended before JMFC that.39. On the other hand. 14 sheet.20.M. 2. Reception. CONCOCTED.00/-.F. jyaa idvaSaI maI efAayaAar naaodvalaa %yaaavaoLI maI maaJaI Aa%yaa laIlaavatI nanavaro va daOnD nagarprIYadocao nagarsaovak EaI p`ivaNa prdoSaI maaJao baraobar haoto.23 to 25 cash memos/bills are attached by the IO with Charge sheet. the Accused has incurred marriage expenses more than eight lakh rupees i. where she has contended and made same to same and identical allegation against all the accused as per FIR No.00./ Thus no demands were made by the accused considering that.from .22 of DV Act. 170 of 2010 or RCC No.000/-.4. Gold Ornaments for Rs. The Original Complainant has incurred expenses for marriage a sum of Rs.140. cloths and etc Rs.C.000/--. at Daund under section 18. transport.00. or FIR or in the statement of original complainant.. FRIVILOUS. Aamacao lagna vyavasqaIt par pDlao %yaat doNao GaoNao Asao vyavahaar Jaalao naahI lagna Jaalao natr sa %yanaarayanaacaI pujaa Jaalao natr maI maahorI Aalao…. 380 of 2010. UNTRUE & DISHONEST ] do not attract Section 498A IPC as described below: i) The original complainant filed an criminal misc. is happened to be true allegation [ THOUGH THE ALLEGATION IS TOTALLY FALSE.4.No.21.19. 271 of 2010 before the Hon’ble J. The Orliginal complainant deposed and admitted before the Court that.40. application bearing No. ha majakur Aaroapp~`at naahI……The original complainant further deposed. Firish list Sr.00.

2010 but the IO has asked police custody for 15 days from 14. that. the Remand Report filed by the IO with Charge sheet.10.2015 u/s 498a and 323 of IPC bearing Ex. R. 102 do not disclose any offence. Praveen Pardeshi. he will get good amount from the accused. . Therefore allegation do not attract section 498A IPC.2010. Mane has demanded Rs.02.10. Misc. the accused were arrested on 13. The Remand report shows.two lakh for withdrawing FIR on 13. Praveen Pardeshi has influenced the Daund Police Station. considering the charges are groundless and made with oblique motive to grab money and property from the accused persons. charge sheet under the pressure of local political leader Mr. frivolous. Praveen Pardeshi and State of Maharashtra through the IO of Daund Police Station has filed false. This observation is quite sufficient to discharge the accused. & Mr. the accused are involved in a false criminal case by the complainant. The Dist Court of Pune has categorically observed in the case No. rights and authority as public Service.S.2010 till March 2015 from the Accused which is 5 time more than the expenses incurred for marriage by the Original Complainant. 15 Dec. This shows dishonesty of IO and misuse of powers. when he has arrested the accused and put them in the police Custody. Charges framed by this Hon’ble Court on 13. CR. Accused further state that.. Application No. the IO of Daund Police Station was full of drunk with alcohol as he was presuming that.10. Mr.278 of 2013 that. dishonest. and clearly shows the dishonesty of the original complainant and IO of Daund Police Station.2010. clearly shows that. The FIR registered under the pressure of the local political leader Mr.

Thus the allegation are sadly vague kaona%yaa AaroapInao kaya iSavyaa idlyaa kaonaI ksao kovha kazoo maarlao yaacaa kahaI hI ]llaoK naahI. Cr PC-161 statements. ~asa idlaa mhnajao kaya kolao yaacaa kahI hI ] llaoK naahI.No. The charges framed by the Hon’ble Court on 13. as accused Honor & Respect the orders of Hon’ble High Court of Bombay. the original complainant shall be cross examined. Thus THE ALLEATIONS ARE TOTALLY FALSE. Accused further state that. Revision Application No. 408 of 2012 that.102 do not disclose any specific offence. 107 and 108 stating that. money. which causes wastes of Govt. only taunting taken place on the house hold items saying house hold items are not given no specific items were demanded hence allegation do not attract section 498A and 323 IPC. This itself shows the contradiction and intention of the Original complainant and the IO of their dishonesty and doing perjury. the charges can be framed under protest. the APP and the Original complainant has filed an application bearing Ex.02. wastage of Courts valuable time and Harassment to the accused for grab of money and property. who has passed order in Cr. the Hon’ble Court approved the request of the accused. charges should not be framed against the accused. 16 ii) The nature of harassment happened to the complainant is not disclosed by the complainant and by the police investigation report.99 clearly stating that.2015 bearing Ex. FRIVILOUS AND DISHONEST. As which accused has committed what offence and what is the exact role played by them is neither in the FIR nor in the charge sheet. No. also to that. the accused has filed an application bearing Ex. CONCOCTED. AND FIR .

03.2010 till 6. Corporator of Daund Nagar Parishad Mr.00 p`maaNao dvaaKanyaa krta va prIxaokrta naolao prtU sadr ifyaa-dInao lagnaamaQyao 30 to 40 hjaar $pyao Kca. tarIK 28.03. Mane of Daund Police Station. the relation between the original complainant and the accused were cordial till 29. Praveen Pardeshi. The original complainant deposed.2010. Aunt of the Original complainant Mrs. Lilavati Nanaware and the Original .03. admitted and contended before JMFC Daund Court in the Criminal Misc.. R. Application filed u/s 12 18 19 20 21 22 of Domestic Violence Act-2005 that maI 498A cyaa kosa iSavaaya dusarI kaonatIhI kosa kolaI naahI….10.S. there was criminal conspiracy between the IO Mr. 17 REGISTERED WITH OBLIQUE MOTIVE TO EXTRACT MONEY AND PROPERTY FROM THE IN LAWS.kolaa ASaI ibalao daKla Asao.2010 there was no any dispute between the original complainant and the accused Hence.2010 raoajI maaJao Aa%yaanao saasayaasa faona kolaa haota va maI tarIK 29. iii) No physical harassment incidents are reported any where hence allegation do not attract section 498A IPC. the Original complainant came to her maternal home on 29.03. kovaL mauL ifyaa-dI garIba va Anaaqa Aahot mhNauna saamaaijak baaQaIlakI mhNauna %yaanaa AaraopInaI savaao-taoprI madt kolaI pNa %yaacao caagaulapanaacaa gaOrfayada sadr ifyaa-dInao Gaotlaa.. sadr ifyaa-dI maahorI jaatanaa 55 ga`^macao saaonyaacao maaozo magaLsau~ 15 ga`^macao lahana magaLsau~ 18 ga^ma saaonyaacaa har 70 ga`^ma saaonyaacyaa baagaDyaa va raoK r@kma $pyao 10 hjaar naolao punha laIlaavatI nanavaro yaanaI maaho eip`la va AagaYT 2010 maQyao $pyao 15000. Thus it is clear that.2010 raojaI prIxaokrta maahrI Aalao…. it is very clear that.

And 323 of IPC. tsaoca tulaa maula haoNaar naahI ek vaYaa-cao Aat maula Jaalao naahI tr tulaa saaoDuna dovau Asao mh\Nauna maaJaa CL k$ laagalao %yaa natr malaa idvasa gaolao %yaanatr tulaa maulagaa Jaalaa pa\hIjao tsaoca kaPyauTr vyavasaaya vaaZvanao saaZI maahorahuna tIna laaK $pyao Gaovauna yao Asao mhNauna saasarkDIla laaOk ~aasa dovau laagalao tsaoca malaa to ]paSaI TovaU laagalao tasaoca malaa maaJaI Aa%yaa EaImatI ilalaavatI baabaurava nanaavaro rahnaar vaotaL nagar taluka daOND ijalha pUnao yaacao baraobar sapk- saaQauna idlaa naahI … There is no allegations reported saying that demands were continued during the complainant’s stay with the accused the state of Maharashtra through the IO of Daund Police Station has not investigated the facts. As accused submit that. iv) The Original complainant further alleged that. how many computers are in the shop. CONCOCTED. Hence allegation do not attract section 498A IPC. He has not visited the cyber café maintained by the accused No. AND FIR REGISTERED WITH OBLIQUE MOTIVE TO EXTRACT MONEY AND PROPERTY FROM THE IN LAWS.2 who was drawing handsome . 18 complainant to exact money and property from the accused. FRIVILOUS AND DISHONEST. THE ALLEATIONS ARE TOTALLY FALSE. The IO has not seen when the accused approached to the Police Commissioner of Pune to obtained License to run the business of cyber café. there was 10 computers in the shop and shop is purchased at the cost of the Accused No.1. whether the allegation is really true and correct.

For preventing abuse of court and law the RCC No. FRIVILOUS AND DISHONEST. The JMFC Daund Court delivered the judgment on 3 rd February 2012 clearly recorded observation that.M. Thus allegation do not attract section 498A IPC. Taunting on the house hold items which even did not force the complainant leave matrimonial house.2010 raojaI jaaba donaar ho Aja-dar daOnD yaoqao rhat Asatanaa yaovauna %yaacaokDuna Aja-darasa maanaisak ikvaa SaarIrIk CLvanaUk kolyaacao kagadaop~I puravao va saaxaI puravyaa huna idsauna yaot naahI.inaraQaar Aaraop Aahot va maUlaIcaa vaapr saasarkDIla laaokaakDUna pOsaa va imaLkt imaLvanyaacaa ha KTaTaop sadr ifyaa-dIkDuna caalau Aaho.F. This reveals the dishonesty of the original complainant and IO of Daund Police Station in procuring the false allegations against the accused. Thus the allegation do not attract Section 498A IPC . do not attract the section 498A IPC.11 prICod 14 maQyao inarIxana naaodvalao Aaho kI tarIK 4. The complainant in making false allegations and habitual to talk lie and make false allegation shows fraud and cheating nature. at Daund .10.380 of 2010 . V] Further submit that while original complainant describing the harassment caused by the accused in case MC. Thus do not attract the section 498A. Aja-darakDo %yaacao baaolanyaa iSavaaya va Ajaa-iSavaaya kahI hI naahI. THE ALLEATIONS ARE TOTALLY FALSE. AND FIR REGISTERED WITH OBLIQUE MOTIVE TO EXTRACT MONEY AND PROPERTY FROM THE IN LAWS. 19 salary being working as a class I officer in the reputed company of VSNL. maUlagaa Jaalaa pahIjao vagaOro sava.271 of 2010 on the file of Hon’ble J. CONCOCTED. puzo poja na.Court. No.

2. vi] The Original Complainant has filed complaint under D. The Original complainant further stated that. CONCOCTED. The Original complainant demanded independent flat at her maternal home at Daund and demanded Rs.from her for enhancing business of cyber cafe . FRIVILOUS AND DISHONEST. 20.V.two lakh and Rs. the accused persons demanding Rs. Pune and accused No. 2. Jagtap Dairy. 3. 18. AND FIR REGISTERED WITH OBLIQUE MOTIVE TO EXTRACT MONEY AND PROPERTY FROM THE IN LAWS. 19. Act – 2005 u/s 12. where as the original complainant stated that.3 has a flat and shop at Mahalaxmi Complex and Avenue Alpine Housing Society at Vishal Nagar. and produced documentary evidences before JMFC Daund Court bearing Ex.3. Vishal Nagar. Jagtap dairy. Accused No. Pune Original Complainant has herself contradicted her contentions made in the complaint stating that. THE ALLEATIONS ARE TOTALLY FALSE.2 has his own bungalow at Vishal Nagar. Pune. the accused No. Accused No. This . 3 and 4 earns more than 1. 19 to 23 that. 21 on 27 th December 2010 before the JMFC Court at Daund.3 that. No.4 has a flat at Neeta Park. Fifteen thousand as maintenance.000/-. the Accused No. The complainant has stated in her application under Para 12 in page No.00. 20 pending before this Hon’ble Court deserve to be withdrawn or quashed or the accused to be discharged being allegation are groundless.and 4 respectively. Jagtap dairy. sadr ifyaa-dInao kaoTa-puzo maanya va kbaUla kolao kI maI maaJao maaganaImaQyao daOnD yaoqao rhanyaacaI maaganaI kolaI Aaho va maaJaI daOnD yaoqao rhanyaacaI [cCa Aaho.2 3 and 4 have huge properties and good amount of source of income.50 lakh rupees per month on account of salary and rent from the properties self acquired by accused No.

C.170 of 2010 and RCC No.10.2010 or CC No. CONCOCTED. Thus the allegation do not attract Section 498A IPC .P. These documents do not have postal covers moreover. For preventing abuse of court and law the RCC No.10.P. FRIVILOUS AND DISHONEST. Accused No. DOUBLE JEOPARDY 1. vague and filed with oblique motive to extract money and property from the Accused person. Officers post in the hierarchy of VSNL. The trial for the same to same and identical allegation as per FIR dated 6.2 was holding Sr. The Story of the original complainant is falsified. the accused are law abiding and respectable persons and accused No.380 of 2010 pending before this Hon’ble Court deserve to be withdrawn or quashed or the accused to be discharged being allegation are groundless.C. AND FIR REGISTERED WITH OBLIQUE MOTIVE TO EXTRACT MONEY AND PROPERTY FROM THE IN LAWS. The Accused submit that.C. 21 reveals the dishonesty of the original complainant and IO of Daund Police Station in procuring the false allegations against the accused. on 6.P.00pm. where she has added that malaa haonaayaa jaacaabadla maI maaJao Aa%yaasa icazyaa laIhuna kLivalao haoto. . THE ALLEATIONS ARE TOTALLY FALSE. ADDITIONS MADE AFTER THOUGHTS IN THE STATEMENT RECORDED U/S 161 OF Cr. and then she has recorded her statement u/s 161 of Cr. The Original Complainant registered FIR u/s 154 of Cr.4 was working with wipro company as Associate and receiving handsome salary. the contends of the letters and FIR are totally different.380 of 2010 is held before the JMFC.2010 at 02.

22 Daund court in the Criminal Misc.C. or contends. 271 of 2010.00. 1160 of 2006. The Original Complainant has filed complaint under D.3. Jagtap dairy. Jagtap Dairy. The Hon’ble Apex Court held that “ IT CAN BE SEEN THAT SECTION 300 [1] OF CR.4 has a flat at Neeta Park.and 4 respectively. the Accused No. Pune and accused No. The complainant has stated in her application under Para 12 in page No. Application No. 18. Jagtap dairy.3 that. 3. Vishal Nagar.”””””” SECTION 300[1] OF CR. 3 and 4 earns more than 1. NO ONE CAN BE TRIED AND CONVICTED FOR THE SAME OFFENCE OR EVEN FOR A DIFFERENT OFFENCE BUT ON THE SAME FACTS”””””””” . conducting trial on the same facts. 2. STATE THAT. WHILE ARTICLE 20[2] OF THE CONSTITUTION OF INDIA STATE THAT. or allegation would be double jeopardy. the accused reliance on Criminal Appeal No. Act – 2005 u/s 12.3 has a flat and shop at Mahalaxmi Complex and Avenue Alpine Housing Society at Vishal Nagar. 21 on 27 th December 2010 before the JMFC Court at Daund.C. Accused No. 19. the accused persons demanding Rs.2 has his own bungalow at Vishal Nagar.V. IS WIDER THAN ARTICLE 20[2] OF THE CONSTITUTION.2. Accused No.50 lakh rupees per month on account of salary and rent from the properties self acquired by accused No. and produced documentary evidences before JMFC Daund Court that. Therefore. Pune.000/-- from her for enhancing business of cyber café. 20. The Original complainant further stated that. Pune Original Complainant has herself contradicted her contentions made in the complaint stating that. “””””NO ONE CAN BE PROSECUTED AND PUNISHED FOR THE SAME OFFENCE OR EVEN FOR A DIFFERENT OFFENCE BUT ON THE SAME FACTS. In this context.P.P.

and law by filing false. Pune . ii) Continuous demand or continuous harassment is not reported and complainant continued to live with her maternal relatives at her maternal home. and law by filing false. this is misuse of court. concocted. Original complainant did not feel mental cruelty as per REF [2] hence allegation do not attract section 498A IPC. Therefore. concocted. 23 ABUSE OF COURT AND LAW. frivolous. dishonest criminal case with oblique motive to extract money and property. Mere demand of property is not amount to cruelty as per explanation (b) of the section 498A IPC. frivolous. hence allegation do not attract section 498A IPC. Further submit that while complainant describing the harassment caused by the applicant in case RCC 380 of 2010. iii) This allegation is not present in complaint. Admitted fact is that no dowry is given to applicant and making an allegation that dowry is demanded is abuse of court and law. this is misuse of court. No documentary evidence is available to show that dowry is demanded. This demand is not continued and no Harassment is reported hence do not attract section 498A IPC. This reveals the dishonesty of the petitioner in procuring the false allegations against the accused is . did not report that this incident is happened. i) As admitted by the complainant in the complaint that no dowry is given and also no specific dowry items demand is reported and is a vague allegation. Therefore. dishonest criminal case with oblique motive to extract money and property. on the file of Hon’ble Family Court.

and law by filing false. and law by filing false. and law by filing false. concocted. frivolous. dishonest criminal case with oblique motive to extract money and property. 2009. frivolous. concocted. this is misuse of court.380 of 2010 on the file of this Hon’ble Court. frivolous. The other grounds would be urged at the time of hearing. .Com graduate and has three year working experience in the field of education. P R A Y E R:- Therefore it is most respectfully prayed that this Hon’ble court may be pleased to:- a) Pass an order of discharge of applicant (A1) in the proceedings CC. 24 happened to be true these allegations do not attract Section 498A IPC Therefore. Iv]The complainant do not have any physical cruelty such that complainant received injuries which would attract section 498A IPC Therefore. v) The complainant is M. she has filed false case as per guidance of her advocate. this is misuse of court. However. dishonest criminal case with oblique motive to extract money and property. she has collected her experience certificate in Nov. Thus cruelty under dowry demand does not attract 498A Therefore. concocted. this is misuse of court. the complainant stated that.No170 of 2010 & RCC No. dishonest criminal case with oblique motive to extract money and property.

Pune Date :- . Accused Advocate Place :. 25 And a) Pass such other order or further orders as this Hon’ble Court deems fit and proper in the eyes of law.

B. is happened to be true as per REF [1] allegation do not attract section 498A IPC being this incident happened not to meet dowry demands by the complainant. No physical injuries reported and the incident did not create danger to complainant life hence as per REF [3]. No.B.R. R. that applicant (A1) and his brotherin- law necked out the complainant out off matrimonial home. Nagar. L. District.145/2009 on the file of Hon’ble Family Court. 26 vi) Further submit that while complainant describing the harassment caused by the applicant in case MC.R. R. Further submit that complainant admitted version in her affidavit in MC. REF [4] and REF [5} incident do not attract section 498A IPC. says applicant was physically not present at the time complainant was leaving the matrimonial home and also said that even on phone applicant was not . L. No. District.145/2009 on the file of Hon’ble Family Court. did not report that this incident is happened. d) Even considering the allegation in charge sheet. Nagar. This reveals the dishonesty of the petitioner in procuring the false allegations against the applicant.

Respondent No.1 failed to collect neighbor’s statements. c) Though the complainant statement during the investigation contradicts with her own written statement in complaint on the property items. which are the potential eye-witnesses for the incident on considering the complainant version is true and also failed to reveal the facts that no disputes were taken place on the day complainant joined . who are potential eye-witnesses of the real facts. did shopping and invited guests to home at Bangalore. i.1 failed to visit Bangalore and failed to reveal the facts. statements are not recorded which provide information that alleged allegations are false and not possible to occur.. birthday parties. police arrested the applicant (A1) under sections 3 & 4 of Dowry Prohibition Act. wife of complainant’s brother. Further submits. Respondent No. who was present along with the complainant during her join with applicant at Bangalore.1 did improper investigation and investigation report do not comply with the Criminal Procedure Codes and the following consequences are resulted: CONSEQUENCES OF ABUSE OF PROCESS OF LAW a) Neighbors. d) Respondent No.1 failed to reveal the fact that even on the last day complainant did shopping to purchase gifts for a party at neighbors house with whom complainant used to spend most of her day time. b) Police failed to collect the statement from the complainant sister- in-law. e) Respondent No.1 failed to reveal the facts that during the entire days matrimonial life (not more than 23 days) of complainant at Bangalore complainant along with applicant (A1) attended marriage parties. Documentary evidences from Bangalore were not collected which provide information that allegations are false. 4) Respondent No. without having reliable evidence in hand. 27 available reveals the complainant’s dishonesty in making allegations on the accused.e.

h) Applicant (A1) and other accused were not informed about the new allegations added in the charge sheet.1 failed to reveal the facts that only complainant and the applicant lived together at Bangalore and filed to reveal the fact that none of the applicant relatives lived with applicant. j) Respondent No. i) Respondent No. which in fact provide information that allegations are false. which are not part of complaint and failed to give an opportunity to the accused to submit the evidences during the investigation. Also investigation officer failed to collect possible documentary evidences for the complaint allegations. Further submit investigation officer failed to collect possible documentary evidences to support complainant allegations. in fact these documentary evidences provide information that allegations are false. No medical reports are submitted or collected by the Respondent No. Police failed to collect the documentary evidences in support of the complainant allegations and still charges are made on in-laws. k) No investigation carried out on forcible abortion allegation at Bangalore and failed to confirm whether forcible abortion taken place or not.1 investigation did not reveal the fact that in-laws did not made phone calls to Accused (A1). g) Even though neighbors from Bangalore came to Kukatpally PS and told to the investigation officer that no part of the allegations in are true. 28 with applicant (A1) at Bangalore. investigation officer refused to investigate and collect neighbor’s statements at Bangalore.1. l) Investigation did not disclose and collect the documentary evidences to support the allegation that complainant brother purchased house hold items for the complainant .1 investigation did not investigate at Bangalore to reveal the fact that applicant’s (A1) relatives did not live with complainant family at Bangalore City to cause any harassment to the complainant. f) Respondent No.

through the Remand Case Dairy and the Charge Sheet. m) Despite no supporting evidence is available with the police on the complainant allegations.No. 29 family at Bangalore.xxx/2008 on the file of this Hon’ble Court. And b) Pass such other order or further orders as this Hon’ble Court deems fit and proper in . police opposed granting the anticipatory bail to sister of the applicant. n) Police supplied false information to this Hon’ble Court. PRAYER Therefore it is most respectfully prayed that this Hon’ble court may be pleased to:- a) Pass an order of discharge of applicant (A1) in the proceedings CC. by saying that crime happened in the jurisdiction of this Hon’ble Court. 5) The other grounds would be urged at the time of hearing.

Pune Date :- . OF 200.C..C. 30 IN THE COURT OF HON’BLE J. DIST- PUNE [MAHARASHTRA STATE] R. ………………. LIST OF CITATION PERUSED BY THE ACCUSED IN SUPPORT OF THE APPLICATION. DETAILS OF CITATION Ex/Annexure NUMBER AND No. KULKARNI SAHEB. NO. SHRI P. DATE Advocate Place :.S.C. DAUND COURT AT DAUND.No.Complainant V/s Accused. ARE AS UNDER :- Sr.M.F.C. NO. OF 200 IN C.

date No.M.C.no.F.Pune Date :- . Advocate Place :. LIST OF DOCUMENTS List of documents on behalf of accused. OF 200 IN C. SHRI P. DIST- PUNE [MAHARASHTRA STATE] R.C.. Details of documents No. DAUND COURT AT DAUND.S. ………………. hence same may kindly be read in evidences. 31 IN THE COURT OF HON’BLE J.C. NO. OF 200. KULKARNI SAHEB.C.Complainant V/s Accused. The documents listed herein below are very vital and important to decide the case on merit. Sr. NO. and Ex.

F. KULKARNI SAHEB. 2 Affidavit in support of 2 17 application 3 List of documents are the 3 true copies of their respective . SR.S.C. ………………. OF 200 IN C. PARTICULARS EX.P.C. PAGE NO. From to PAGES 1 Discharge application u/s 1 1 245 of Cr. OF 200. DIST- PUNE [MAHARASHTRA STATE] R. DAUND COURT AT DAUND. NO.C.NO.C. NO.Complainant V/s Accused.M. TOTAL NO.. PAPER BOOK. SHRI P. 32 IN THE COURT OF HON’BLE J.C.

4 List of citation 4 TOTAL PAGES FROM 1 TO ADVOCATE. . 33 originals.