Order 1

Order Details: Order
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IN THE COURT OF THE MET ROPOLITAN MAGISTRATE,
RAILWAY COURT, ANDHERI, MUMBAI.
C. C. No. 567/PW/2018
Oshiwara Police Station
....Prosecution
Vs.
Tahir Tasvvar Baig and Anr.
.....Accused
ORDER BELOW DISCHARGE APPLICATION EXH. 02
1. Read the application and say filed by the learned APP.
Heard learned advocate for the accused at length. It is submitted by
the accused that, there is no credible or cogent evidence to make out
the charges against the accused. False and vexatious prosecution is
filed against him. Prosecution is an abuse of the process of law causing
injustice to the accused. There was no dishonest inducement on the
part of the accused to the informant. There is nothing on record to
show that the accused induced the informant or any person to part with
any property. There is absence of mens rea. There is no evidence to
show prior meeting of minds or common intention on the part of any of
the accused. The prosecution has not filed any cogent evidence to
substantiate the fact. All the evidence is hearsay in nature with
unexplained delay of more than 6 months in filing of an F.I.R., hence,
this case is fit to discharge the accused under Section 239 of the Code
of Criminal Procedure.
2. Perused the contents in the F.I.R., it is alleged that the
informant Megha Sood that these accused nos. 1 and 2 has called her
stating that the Investigating Officer Arjun Rajane has asked for Rs. 10
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Lacs bribe for showing of her husband noninvolvement in suicide case
pending for investigation. It is submitted by the informant that she has
handedover Rs. 10 Lacs to accused nos. 1 and 2 and they have entered
Oshiwara Police Station with the said bag. After few days, it was
clarified that there was no involvement of the husband of the informant
in the said suicide case and these accused has refunded Rs. 4,38,000/
in year 2017 back to the informant.
3. There are clear contents in F.I.R. that the accused has
induced the informant to pay bribe in name of Investigating Officer. At
present stage of deciding discharge application under Section 239 of
the Code of Criminal Procedure this Court cannot go merits of the
matter or truthfulness of the contents in F.I.R. Perusing the contents in
F.I.R. and the documents filed by the prosecution there is no reason
before me to consider that charge against the accused is groundless.
Therefore, discharge application filed by the accused is rejected.
( Nilesh V. Bansal )
Metropolitan Magistrate,
Date : 17/05/2023 Railway Court, Andheri, Mumbai.
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