The Aurangabad Bench finds no evidence of malicious intent or supernatural claims in the case against Gajanan Kashiram Shekokar.
In a significant ruling, the Bombay High Court's Aurangabad Bench, presided over by Justice S. G. Chapalgaonkar, quashed an FIR against Gajanan Kashiram Shekokar, accused under the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. The court found that the allegations failed to establish the essential elements of the offence under Section 3(2) of the Act.
The case originated from an FIR lodged by Respondent No. 2, who alleged that Shekokar sprinkled white mustard in front of his door, an act purportedly connected to black magic. The FIR was filed amidst a backdrop of an ongoing matrimonial dispute between Shekokar's son and his ex-wife, raising suspicions of mala fide intentions.
The court meticulously analyzed the FIR and charge-sheet, noting the absence of evidence indicating any intent to exploit or harm through supernatural means. The identification of Shekokar as the accused was based solely on the registration details of a motorcycle seen in CCTV footage, which lacked corroborative witness statements.
Justice Chapalgaonkar emphasized that the mere act of sprinkling mustard, without a demonstrated ill motive or supernatural claim, does not constitute an offence under Section 3(2) of the 2013 Act. Furthermore, the court highlighted the similarities between the FIR and prior family court proceedings, suggesting the misuse of criminal processes as a tool in matrimonial disputes.
Citing the landmark judgment in State of Haryana v. Bhajanlal, the court reiterated that FIRs lacking prima facie evidence of an offence or motivated by ulterior motives warrant quashment. The decision underscores the judiciary's role in preventing the misuse of laws designed to curb genuine instances of inhuman practices and black magic.
The ruling not only acquits Shekokar but also serves as a cautionary tale against the potential abuse of legal provisions in personal disputes, reinforcing the judiciary's commitment to justice and the rule of law.
Bottom Line:
FIR quashed under Section 482 CrPC as allegations failed to establish offence under Section 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
Statutory provision(s):
- Section 482 of the Criminal Procedure Code, 1973
- Section 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013
