IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1537 OF 2023 1 Kailas Madhavrao @ Mahadevrao Sonawale, Age 53 yrs., Occ. Business, 2 Annasaheb Madhavrao @ Mahadevrao Sonawale, Age 59 yrs., Occ. Agri., Both are r/o Sonawale Mala, Viroli Road, Kanhur Pathar, Tq. Parner, Dist. Ahmednagar. … Applicants … Versus … 1 The State of Maharashtra Through Police Inspector, Police Station, Parner, Tq. Parner, Dist. Ahmednagar. 2 Ashwin Janardhan Bhagwat, Age 39 yrs., Occ. Education, R/o 545, Siddhi Bhavan, Near Heena Bakery, Pune. … Respondents ... Mr. R.R. Karpe, Advocate for applicants Mrs. R.P. Gour, APP for respondent No.1 Mr. N.B. Narwade, Advocate (appointed) for respondent No.2 ... 2025:BHC-AUG:7745-DB 2 Cri.Appln_1537_2023 CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ. RESERVED ON : 12th FEBRUARY, 2025 PRONOUNCED ON : 18th MARCH, 2025 ORDER : ( PER : SMT. VIBHA KANKANWADI, J. ) 1 Present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashment of proceedings in Regular Criminal Case No.48/2021 pending before learned Judicial Magistrate First Class, Parner, Dist. Ahmednagar arising out of First Information Report vide Crime No.242/2018 dated 11.08.2018 registered with Police Station, Parner, Dist. Ahmednagar, for the offence punishable under Sections 420, 419, 468, 471 read with Section 34 of the Indian Penal Code, 1860, Sections 2(2), 2(10), 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 and Sections 33, 34, 36, 38 of the Maharashtra Medical Practitioner Act, 1961. 2 Heard Learned Advocate Mr. R.R. Karpe for applicants, learned APP Mrs. R.P. Gour for respondent No.1 and learned Advocate Mr. N.B. Narwade for respondent No.2, who is appointed to assist the Court. 3 Cri.Appln_1537_2023 3 Learned Advocate for applicants has submitted that present applicants are brothers and original accused Nos.7 and 8. Their father is accused No.6. Respondent No.2 has stated that he as well as his team do the work of eradication of superstitions all over Maharashtra. About 08 months prior to First Information Report he had received information that accused No.6 Mahadevrao, who is father-in-law of accused No.1 Baban Sitaram Thube, is involved in superstitions activities and by saying that customer should consume medicine mixed with ash would deliver a male child or if anybody is in pain, then it would be relieved. Informant and his team had gone to Kanhur Pathar 3-4 times and had confirmed the news. They started collecting the data of those persons involved in the superstition, thereby it was revealed that accused No.6 had taken B.A.M.S. Degree from Podar College, Mumbai in 1974. He is a medical practitioner by profession, however, he is involving in practices of giving medicine for conceiving the couple who are not having issues and even after the pregnancy within 2½ months he would change the sex of fetus. All these superstitions activities were going on and, therefore, informant had carried out sting operation with the help of police. Supplementary statements have been recorded, however, in one of the supplementary statements names of present applicants have been transpired stating that they were looking after the business of their parents. Except the said bare statement there is nothing against them. 4 Cri.Appln_1537_2023 Though it was stated that a video recording has been done while carrying out sting operation; yet, the said videography would show that no such incident as alleged has taken place. Account statements of both applicants would show that they have not received any amount. Rather applicant No.1 is doing business and applicant No.2 is an agriculturist. It would be unjust to ask applicants to face the trial for the evidence on record. 4 Per contra, learned APP as well as learned Advocate appointed to assist the Court to represent the cause of respondent No.2 have opposed the application and submitted that entire charge sheet is filed and sting operation includes the involvement of present applicants. They were managing the affairs of business of their father. The video recordings those were provided to learned Judicial Magistrate First Class, now, after so many months of filing charge sheet would also show that there are conversations which would support the prosecution story. There are statements of witnesses and, therefore, this may not be the fit case where powers should be exercised, when the offence is against the society. 5 At the outset, we would say that First Information Report has been lodged by a third person, prima facie, who has no enmity or reason to implicate accused persons. He has stated that when information was received in respect of accused No.6, he as well as his team had visited 3-4 5 Cri.Appln_1537_2023 times and gathered the data. Even on the day of incident it is stated that along with informant, his team, even police were present. There are statements on record to show what was going on at the relevant time in presence of accused No.6. Now, as regards present applicants are concerned, it is stated that being sons of accused No.6 they were in business of supporting their father. The basic needs of finance are taken care of and it is stated that it is mainly on the basis of alleged business or activities of superstitions by original accused No.6. Though the pen drive initially was not given; yet, thereafter it appears to have been presented before learned Magistrate, who has then got the data decrypted. It shows about the activities of superstitions going on. When the person knows that he is carrying out illegal activity, then he may not leave any piece of evidence against him. It is, therefore, less likely that there would be transactions through bank in this case. In such cases, we will have to rely on oral and circumstantial evidence. Informant has taken name of present applicants specifically. The case involves social cause and, therefore, when there is oral evidence stating the involvement of applicants, it cannot be taken as a fit case where powers under Section 482 of the Code of Criminal Procedure should be exercised. Hence, following order. 6 Cri.Appln_1537_2023 ORDER i) Application stands rejected. ii) Fees of the appointed Advocate is quantified at Rs.7,000/- (Rupees Seven Thousand only), to be paid by High Court Legal Services Sub Committee, Aurangabad. ( SANJAY A. DESHMUKH, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd