Bombay High Court
Kiran D/O Tarachand Jaiswal After ... vs The State Of Mah., Thr. Pso Ps Mankapur ... on 30 September, 2025
2025:BHC-NAG:9964-DB
apl 945-2019.odt 1/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL)NO.945/2019
Kiran D/o Tarachand Jaiswal
After marriage Kiran w/o Sachin
Kanojiya, aged about 36 years,
R/o Bhilgaon near Shiv Mandir,
Kamptee, Nagpur Road Tahsil
Kamptee, District Nagpur.
... APPLICANT
...VERSUS...
1) The State of Maharashtra
Through Police Station Officer,
Police Station Mankapur,
Nagpur City Nagpur.
2) Sachin Shama Kanojiya
aged about 39 years, R/o 11,12
Netaji Society, Sai Nagar,
Zhingabai Takali Police Station,
Mankapur Nagpur.
...NON-APPLICANTS
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Shri. S. Zia Quzi, Advocate for applicant
Smt. S.S. Dhote, APP for non-applicant No.1/State
Shri Aniruddha Jaltare, holding for Shri B.H. Tekam, Advocate for non-
applicant No.2
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CORAM : URMILA JOSHI-PHALKE AND
NANDESH S. DESHPANDE, JJ.
RESERVED ON : 25.09.2025
PRONOUNCED ON : 30.09.2025
apl 945-2019.odt 2/12
JUDGMENT (PER : NANDESH S. DESHPANDE, J.)
Heard. Admit. Heard finally with the consent of learned
Counsel for both the parties.
2. This is an application filed under Section 482 of the Criminal
Procedure Code, seeking quashing of the First Information Report
bearing No.154/2019, dated 01.06.2019 registered with Mankapur
Police Station, Nagpur, for the offences punishable under Sections
307, 452, 511 and 120 B of the Indian Penal Code and Section 3 of
the Maharashtra Prevention of Eradication of Human Sacrifice and
Other Inhumane, Evil and Aghori Practices and Black Magic Act,
2013. The application also prays for quashing of the charge-sheet
bearing No.72/2019, filed by the investigating agency in pursuance
to the said First Information Report.
3. As per the said First Information Report, the non-applicant
No.2 who happens to be the husband of the present applicant
lodged a report that on 16.05.2019 at about 6.30 p.m. he found
some small statues made of flour in his compound. It is further
alleged that on 26.05.2019, at about 6.30 p.m. he found one lemon
inside his compound wall in which he was written 'pushpa mrutyu'
and their was a nail pricked in it. Thereafter, on 30.05.2019 again
lemon was discovered with a nail pricked in it and written there on
as "Pushpa Shama Mrutyu". There was a red coloured powder stuck
on it. It is further stated in the First Information Report that on
31.05.2019, an unknown person was roaming around the residence
of the applicant in doubtful manner. When he was accosted, he told
his name as Dilip Chandanlal Jaiswal and when his belongings were
checked it was found that their were lengthy chats in his mobile
phone between him and the applicant. It was therfore stated that
said Dilip Jaiswal along with the applicant had hatched a plan for
committing murder of the complainant. On these set of allegations,
First Information Report mentioned supra was filed. On completion
of the investigation, the investigating agency filed charge-sheet. The
said First Information Report and the consequent charge-sheet is
challenged in the present application.
4. We have heard Shri S. Zia Quzi, learned Counsel for the
applicant as also learned Additional Public Prosecutor Smt. S.S.
Dhote, for the non-applicant/State alongwith Shri Aniruddha
Jaltare, holding for Shri B.H. Tekam, for non-applicant No.2.
5. Learned Counsel for the applicant submits that bare perusal
of the allegations made in the First Information Report and charge-
sheet would reveal that no offence much less as stated in the said
First Information Report is made out. He further states that the
offences registered against the applicant are a counter blast to the
complaint lodged by the applicant against the complainant and his
family. It is his submission that since prima facie the offences are
not made out, the First Information Report and charge-sheet are
liable to be quashed.
6. Per contra, the learned Additional Public Prosecutor
vehemently opposes the submissions made by the Counsel for the
applicant and states that the applicant had engaged the services of
co-accused who was indulging in Black Magic and had hatched a
plan/conspiracy to murder the life of informant and his family
members. She further states that during the course of investigation,
spot panchanama is conducted and statements of witnesses are
recorded. Furthermore, she submits that clothes of the accused,
mobile handset and one lemon having nail pierced in it having a
red spot over it have been seized.
7. Learned Counsel for non-applicant No.2 also supports the
contentions made by the learned Additional Public Prosecutor and
states that the material collected by the investigating agency clearly
reveals that the applicant had hatched the criminal conspiracy to
eliminate the non-applicant No.2 and his family.
8. In the light of these submissions, we have perused the
material on record. Before proceeding with the matter, it would be
apropos to refer to the 'Maharashtra Prevention of Eradication of
Human Sacrifice and Other Inhumane, Evil and Aghori Practices
and Black Magic Act, 2013'. This Act was brought on the statute
book to bring social awakening and awareness in the society and to
create a healthy and safe social environment with a view to protect
the common people in the society against the evil and sinister
practices thriving on ignorance, and to combat and eradicate
human sacrifice and other inhuman, evil, sinister and aghori
practices propagated in the name of so called supernatural or
magical powers or evil spirits commonly known as black magic by
conmen with sinister motive of exploiting the common people in
the society am and thereby destroying the very social fibre of the
society; and for matters connected therewith or incidental thereto.
9. Section 2 (b) defines "human sacrifice and other inhuman,
evil and aghori practices and black magic" means the commission of
any act, mentioned or described in the Schedule appended to this
Act, by any person by himself or caused to be committed through or
by instigating any other person. Section 3 which is a penal provision
and more particularly Sub Section (1) thereof states that No person
shall either himself or through any other person commit, promote,
propagate any practice as stated in Section 2(d). Sub Section (2) of
Section 3 provides that whoever commits such an act would
constitute an offence under the provisions of Act and the
punishment as contemplated under the said sub section should be
imposed. Section 9 of the Act provides an overriding effect of the
provisions of the Act over any other law. Section 10 provides that it
would be competent for the Court after conviction to cause the
name and place of residence of such person who is convicted to be
published by the police in the local newspaper where such offence
has taken place, together with the fact that such offender has been
convicted of the offence under this Act. Section 12 which is a
savings clause saves certain practices as mentioned in Clasue (1) to
(8) thereof and states that the act would not apply to those
practices.
10. Schedule appended to the act which is framed under Section
2(1)(b) enumerates 12 practices which are termed as "Human
Sacrifice and Other Inhuman, Evil and Aghori Practices and Black
Magic". While other clauses would not be relevant, what would be
relevant is Sub Clause (8) of the said Schedule which is reproduced
as under:
"(8) To create a panic in the mind of public in general
by way of invoking ghost or mantras, or threaten to
invoke ghost, creating an impression that there is ghostly
or wrath of a power inapprehensible by senses causing
physical injuries and preventing a person from taking
medical treatment and instead diverting him to practice
inhuman, evil and aghori acts or treatment, threatening
a person with death or causing physical pains or causing
financial harm by practicing or tend to practice black
magic or inhuman act."
11. A meaningful reading of the said sub clause would reveal that
it contemplates to create a panic in the mind of public in general by
invoking ghost or threat in that regard by creating an impression
that there is fear of a power which is inapprehensible by senses
causing physical injuries and preventing a person from taking
medical treatment and instead diverting him to practice inhuman,
evil and aghori treatment and threatening a person with death or
causing physical pains would be within the sweep of this clause.
Thus, what is required in this clause is to create a panic in the mind
of public and preventing a person from taking medical treatment. It
further contemplates threatening a person with death or physical
pains or financial harm by practicing or tend to practice black magic
or inhuman act.
12. In the backdrop of these facts if the First Information
Report in question is seen, what is alleged in the First Information
Report is that some small statues/sculptures made of flour were
found in the residential compound of the first informant wherein
certain matter was written and red mark was stuck. No role is
attributed to the present applicant/accused in the said incident.
Thus, their is no threatening to a person with death by practicing
black magic.
13. Furthermore, as far as second incident of apprehension of
person namely Dilip Chandanlal Jaiswal, the only allegations is that
there were certain chats on Whatsapp between him and the present
applicant. On the basis of these allegations, it is alleged that a
conspiracy to eliminate the non-applicant No.2 has been hatched by
these two persons. The first informant is trying to connect the fact
of finding of small statutes made of flour found in his compound
with the fact of chats found in the mobile of Dilip Jaiswal. Their is
no material to reach to such conclusion at least prima facie. The
allegations apart from they being vague and omnibus in nature are
not supported by any corroborative material.
14. We have perused the statements of the accused recorded by
the investigating agency during investigation. There is nothing
incriminating against the present applicant in the statements also.
The other material collected by the prosecution agency is only the
Whatsapp chats between the co-accused. All these things failed to
point out that their was a conspiracy to eliminate the complainant
i.e. non-applicant No.2. Thus, in our view, offence under Section
307 of the Indian Penal Code is not made out since the averments
to make out the offence are not in the First Information Report nor
there is any material in the charge-sheet which is filed consequent
to the said First Information Report. As far as allegations under
Section 452 of the Indian Penal Code are concerned, they speak
about house trespass. However, as far as the applicant is concerned,
there are no allegations that she committed house trespass, more
particularly when admittedly she is wife of the non-applicant No.2.
Thus offence under Section 452 is not made out. Similarly offence
under Section 511 and 120 B are also not made out in view of the
above reasons.
15. As far as offence under Section (3) of the Maharashtra
Prevention of Eradication of Human Sacrifice and Other Inhumane,
Evil and Aghori Practices and Black Magic Act, 2013, is concerned,
as we have already discussed the aim and object with which the Act
was brought in the statute book and the serious repercussions it has
on the offender in view of Section 10 mentioned above, imposition
of offence under the said Act cannot be done in a casual manner
and that too when there is no material on record. Thus, the
averments in the First Information Report do not make out a case
falling under Clause (8) of the Schedule of the Act, since as stated
above, there is noting attributed to the applicant and it seems that
First Information Report is filed only on suspicion.
16. The situation would therefore be covered by
contingency Nos.1, 3 and 7 as enunciated by the Hon'ble Supreme
Court in the judgment of State of Haryana v. Bhajan Lal, 1992 Supp
(1) SCC 335. Recently the Hon'ble Apex Court in judgment of Achin
Gupta Vs. State of Haryana and another reported in (2025) 3 SCC
756 stated as under:
"24. If a person is made to face a criminal trial on some
general and sweeping allegations without bringing on
record any specific instances of criminal conduct, it is
nothing but abuse of the process of the court. The court
owes a duty to subject the allegations levelled in the
complaint to a thorough scrutiny to find out, prima
facie, whether there is any grain of truth in the
allegations or whether they are made only with the sole
object of involving certain individuals in a criminal
charge."
17. We are therefore of the considered view that the First
Information Report and the consequent charge-sheet is nothing but
abuse of process of law, and therefore, applicant has made out a
case to quash the same by resorting to inherent power under
Section 482 of the Criminal Procedure Code. We, therefore, proceed
to pass the following order :
ORDER
i) The application is allowed.
ii) The First Information Report No.154/2019 dated 01.06.2019
registered with Mankapur Police Station, Nagpur, for the offences
punishable under Sections 307, 452, 511 and 120 B of the Indian
Penal Code and Section 3 of the Maharashtra Prevention of
Eradication of Human Sacrifice and Other Inhumane, Evil and
Aghori Practices and Black Magic Act, 2013 along with the charge-
sheet No.72/2019 against the applicant, is hereby quashed.
18. The application is disposed of in the above said terms.
(NANDESH S. DESHPANDE, J.) (URMILA JOSHI-PHALKE, J.)
Jayashree..
