1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1920 /2010 ( Chandrakant Bhaiyyaji Rakhunde vs, State of Maharashtra and another ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : A.P.BHANGALE, J. DATED : 23rd February, 2011. Heard Mr S.P.Gadling, learned counsel for the applicant and Mr.B. M. Lonare, learned A.P.P. for the respondent-State. By this application under section 482 of the Criminal Procedure Code, the applicant is praying for quashing FIR No. 150/2010 reported at Valgaon Police Station for offence punishable under sections 498A, 306, 304-B and 420 read with section 34 IPC; further read with section 3 (1) (x) (ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution case in brief, is that that the first informant- Mukund Janardhan Wankhede complained about offence of abetment to commit suicide of his daughter Sarita, cheating etc. According to first informant, his daughter-Sarita @ Babli had completed training of Gram Sevika and was studying in BSW Part III at Amravati. The accused- Anurag Dilip Telkhede used to visit Amravati and had developed an intimacy with Sarita. He had represented Sarita 2 that he is a member of the Anti Corruption Bureau and his friend Chandrakant Rakhunde ( present accused ) is also an officer of the Anti Corruptiuon Bureau. It is alleged that both the accused had demanded Rs. 2 lakhs to be paid to the Officer in order to obtain service as “Gram Sevika” for Sarita. Upon this allurement, the first informant had disposed of his agricultural land and paid the amount to accused by obtaining written undertaking from the accused on a stamp paper in the denomination of Rs. 100 before the Panch. It is case of complainant that on 26.4.2010, the accused Anurag brought the present petitioner Chandrakant introducing him as an Officer of the Anti Corruption Bureau and had demanded Rs. 1.50 lakhs more which was also paid by executing in writing on a stamp paper of Rs. 100/-. Thus, Anurag and Chandrakant, it is alleged, cheated the complainant in furtherance of their common intention in the sum of Rs. 3.50 lakhs. On the pretext of providing service to Sarita. Anurag had taken Sarita to Amravati and committed rape upon her. When questioned, Anurag told the complainant that he will marry with Sarita and requested not to report the matter to the police. According to the first informant, Sarita was taken to Mumbai by accused Anurag and they married in Boudha vihar (monastery) but after their marriage parents of the accused Anurag did not allow Sarita on the pretext that she is “Mahar”, a low caste and because of which Sarita committed suicide. The investigation into serious accusation of cheating is still pending against the applicant since according to the respondent-State, the applicant is absconding since the date of incident and avoiding custodial interrogation and the 3 investigation. Learned Advocate for the applicant contended that it is a matrimonial dispute between Anurag and his wife Sarita and the applicant is not concerned with the accusations under sections 498A, 306, 304-B IPC as also under section 3 (1) (x) (ii) of the Atrocities Act. It is further contended that the applicant had volunteered to deposit a sum of Rs.1,30,000/- in this Court in within four weeks and accordingly by order dated 3.12.2010 the statement of Shri Gadling learned Advocate for the applicant was recorded and later by filing Miscellaneous Application No. 30/2011, the applicant had sought directions from this Court to the Nazir to accept the amount of Rs.1,30,000/-. Accordingly, pursuant to the order dated 19.1.2011 office of this Court appears to have accepted the amount and the same has been deposited on 20.1.2011. Be that as it may; in my considered view, merely because applicant has volunteered to deposit the amount and office of this Court has been directed to accept the amount if deposited within two days pursuant to the order dated 19.1.2011, there would be no justification for the applicant to avoid investigation into serious accusations of cheating etc which is pending since long. The name of the applicant as well as the role played by him in the alleged offence is mentioned in detail in FIR lodged as FIR No. 150/2010 reported at Valgaon Police Station on 13.12.2010 by Mukund Janardhan Wankhede. Once such serious offences have been reported to Police, it becomes a duty of the Investigating Agency to interrogate in custody, if necessary, the accused named in 4 the FIR so that investigation is required to be taken to its legal culmination. No one can be allowed on the pretext of mere payment of money or deposit thereof in the Court, irrespective of the fact whether it is voluntary or not, to avoid the investigation into serious accusations. The amount which the applicant has deposited in this Court shall be refunded to the applicant if he claims it or seeks withdrawal thereof. For the reasons stated herein-above the application has no merit. It would be abuse of the process of court if investigation is prevented by means of an application to seek deposit of money by one facing serious accusations of cheating etc. Therefore, the Court cannot by use of inherent powers preclude investigation in the case. The application is dismissed. JUDGE sahare