Manish Pitale JUDGMENT
Manish Pitale, J.
1. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.
2. By this writ petition, the petitioner has, inter alia, prayed for handing over of investigation of his complaint dated 29.01.2016 submitted before the respondent No. 1 to the Central Bureau of Investigation (CBI) or to any other independent investigating agency, with a further prayer for direction for registration of First Information Report (FIR) on the basis of the said complaint.
3. The facts leading up to the instant writ petition are that, there arose a dispute between the petitioner and the respondent No. 7 in respect of purchase of a plot of land, wherein it was the claim of the respondent No. 7 that the petitioner was liable to return certain amount to him, which was disputed by the petitioner. On 05.07.2015 the respondent No. 7 submitted a written complaint before the respondent No. 1, at the Ajni Police Station, Nagpur, claiming that the petitioner had cheated the respondent No. 7 and further that the petitioner was speaking in an indecent manner on the mobile with wife of respondent No. 7 i.e. respondent No. 4 in the writ petition. The respondent No. 7 prayed to the respondent No. 1 to help return of a sum of Rs. 55 lakhs from the petitioner.
4. On the same date i.e. 05.07.2015, respondent No. 4 (wife of respondent No. 7) also submitted a written complaint before the respondent No. 1 Police Station, claiming that the petitioner was speaking in an indecent manner with her and that he was making demand of physical relationship. The respondent No. 4 prayed that strict action be taken against the petitioner in that regard. Thereafter, on 22.07.2015, the respondent No. 4 submitted another written complaint before the respondent No. 1 at the Police Station, claiming that on 20.07.2015 the petitioner had entered her house when she was alone and that he raped her. It was further alleged in the complaint that he abused her in the name of her caste, thereby committing an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On this basis, respondent No. 1 requested for registering offences against the petitioner.
5. It is the case of the petitioner that all these complaints were false and that they were submitted in the Police Station only with a view to pressurise him into making payment of the amount of Rs. 55 lakhs to the respondent Nos. 4 and 7. It is the case of the petitioner that he was called to the Police Station on the basis of the complaint dated 22.07.2015 submitted by the respondent No. 4 wherein allegation of rape was made against him. He attended the Police Station on 22.07.2015 where, according to him, the Police Officers told him that if he did not pay the amount demanded by respondent No. 4, and the matter was not amicably settled by him, an FIR would be registered on the basis of the allegations made by respondent No. 4. It is the case of the petitioner that he tried to tell them that he did not have that kind of money, but the respondent Nos. 4 and 7 along with persons accompanying them put pressure upon him, due to which he was forced to give cheques for the aforesaid amount to the respondent Nos. 4 and 7.
6. On the same day i.e. 22.07.2015, the respondent No. 4 expressed in writing before the respondent No. 1 in the Police Station that the aforesaid three complaints had been made by her against the petitioner because he had been avoiding to make payment of the disputed amount and that all the three complaints were concocted and that nothing as stated in the complaints had actually occurred. It was only thereafter that the petitioner was allowed to leave the Police Station. On this basis, it is submitted on behalf of the petitioner that the complaints made by the respondent No........