Samija Akram Sheikh v. The State Of Maharashtra And ANR

(904) apl-1212-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1212 OF 2017 Smt. Samija Akram Sheikh : Applicant.

Versus

The State of Maharashtra and anr.

: Respondents.

Mrs. Pranothi B Pawar for the Applicant.

Mrs. Sangita D Shinde, APP for the Respondent/State. CORAM :

R. M. SAVANT & REVATI MOHITE DERE, JJ.

DATE :

24th JULY 2018 P.C.

The first informant i.e. the mother of the victim has filed the above Criminal Application for quashing of the FIR against the Respondent No.2. The FIR in question is C.R. No.579 of 2017 registered with Tulinj Police Station, District Palghar for the offences punishable under Section 363, 370(A), 506, 34 of the Indian Penal Code r/w Sections 3, 4 5 of the Prevention of Immoral Trafficking Act (PITA) r/w Sections 4, 8 and 12 of the Protection of Children From Sexual Offence Act (POCSO Act).

The learned APP Mrs. Sangita Shinde points out that the Respondent No.2 is an absconding accused and there are serious allegations as regards the manner in which the victim girl has been allegedly exploited by the persons who have been arraigned as an accused. She further informs us that though the charge sheet has been filed against some of the accused, an lgc

(904) apl-1212-2017.doc application has also been made under Section 173(8) of the Criminal Procedure Code before the Special Court.

Having regard to the aforesaid facts, we are unable to accede to the request of the Applicant for quashing of the FIR in question against the Respondent No.2. The above Criminal Application is accordingly rejected. [REVATI MOHITE DERE, J] [R.M.SAVANT, J] Laxmikant Gopal Chandan by Laxmikant Gopal Chandan Date:

2018.07.24 17:33:33 +0530 lgc