Nagpur – Akash @Tingya Kisan chavan has been released in bail by Special MCOCA Court. It was alleged that he was member of crime Syndicate run by Notorious goon Sumit Chintalwar. Akash was Prosecuted For The Alleged Offence Punishable Under Section U/S 365, 294, 506 (B), 34 Of Indian Penal Code Sec 3 (1)(ii), 3(2), 3 (4) of MCOCA Act Vide Crime No 933/2018 registered by P.S. Nandanvan, Nagpur.
Complainant namely Arjun Navin Chettiyarhad lodged police complaint at Police Station Nandanvan that on
16-12-2018 he was at his home, he had received a call of Gaju Wanjari that, some persons have come and they want to speak to you and therefore he should come on the cricket ground. He also told the complainant to say sorry to them and not to question them. Thereafter, when complainant came near his vehicle, Akash Chavan and Swapnil Bhoyar
came near his vehicle and asked him if it was his vehicle and complainant replied in affirmative.
Thereafter, Akash and Swapnil forcibly took complainant to cricket ground where one verna vehicle was already there. Two persons near the vehicle took complainant to nearby temple and abused him in filthy language. Thereafter, Sumit Chintalwar came out of Verna Vehicle and abused complainant and asked him where was ashu Awasthi. Thereafter, Sumit told him that he will assault Ashu as well complainant.
On the basis of said report U/S 365, 294, 506, 34 Of Indian Penal Code Vide Crime No 933/2018 was registered by P.S. Nandanvan, Nagpur.
On 3-10-2019, Addl Commissioner of Police, South Region, Nagpur City by way of his order dated 3-10-2019
has invoked provisions of MCOCA Act against the accused persons.
It was submitted that, no offence under sec 365 of IPC is not made. It was also submitted that, no offence under mcoca act was made out against applicant.
It was submitted, there is no allegations keep him in secret place and there was no wrongful confinement of him at the hands of applicant. Hence, necessary ingredients to attract section 365 of I.P.C. are missing. It was submitted that witness Gaju Wanjari and Swapnil Salunke are the friends of first informant, all of them used to play cricket on every Sunday on the said ground, Gaju Wanjari and Swapnil Salunke are cited as eye witnesses to the said incident and Swapnil Salunke intervened the quarrel. It was submitted that, on perusal of their statements, it appears that no allegation in respect of abuses and threats are reflecting.
It was submitted that incidence took place 16.12.2018, whereas F.I.R. came to be registered on 18.12.2018 and provisions of MCOC Act came to be invoked on 3.10.2019 i.e. after 10 months of initial offence.
Mir nagman ali appeared for Akash Chavan.