Published On : Fri, Jul 10th, 2020

HC grants protection from arrest and also stays chargesheet against Advocate

Nagpur: Division bench presided over by Justice ZA Haq and NB Suryawanshi directed PS Patur not to take any coercive steps against Adv Ravikumar Khambalkar and also prevented PS Patur from filing chargesheet without the leave of High Court.

PSO PS Patur Dist Akola had registered Cr. No: 205/2020 dated 29/06/2020, U/S 354, 354-A, 323, 504, 506 of I.P.C. against Adv Ravikumar Khambalkar who was practicing before JMFC Court Patur and Sessions Court at Akola. It is alleged in the report that, she is married to one Sunil Rathod and there is matrimonial dispute going between complainant and her husband. There are various matrimonial litigations going between Sunil Rathod and complainant. Adv Ravikumar Khambalkar appears as advocate on behalf of Sunil Rathod.

It is alleged that, Adv Ravikumar Khambalkar always abuses complainant. On 26-06-2020, Adv Ravi had assaulted her and therefore complainant had given complaint against him at PS Patur and at about 10-30 pm while she was returning home from PS Patur Adv Ravi had outraged the modesty by tearing her blouse and manhandling her.

It was submitted that, there are many matrimonial litigations pending between the complainant and her husband Sunil Rathod, before the Hon’ble C.J.S.D. Akola, Hon’ble J.M.F.C. Mangrulpir and Hon’ble J.M.F.C. Manora. The applicant has been appearing as an Advocate for Sunil Narsing Rathod and others in various courts. It is submitted that, since the applicant was engaged by Sunil Rathod in the cases against the present complainant i.e. wife of Sunil Rathod, the complainant is threatening the applicant of entangling into false criminal cases.

It was submitted that, Adv Ravi had filed several complaints against complainant as she was threatening him of falsely implicating him in criminal case. That, since complainant was threatening the applicant in the court premises and therefore the applicant was constrained to file complaint to the President of Patur Bar Association on 03/05/2019.

It was submitted that, due to regular threats and false complaints of the complainant, the Bar Association Patur had taken resolution on request of the applicant and The President Bar Association Patur and members also submitted memorandum to the Hon’ble District Judge Akola on 14/06/2019.

It was submitted that, instant FIR is nothing but vendetta carried out by complainant as Adv Ravi was appearing for her husband as advocate.

Adv Mir Nagman Ali appeared for Adv Ravi Khambalkar.