The State Of Maharashtra v. Bandu @ Prakash Nivrutti Sagar

Dusane 1/2 revn110.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.110 OF 2015 The State of Maharashtra ....

Applicant (Ori. Complainant) Vs.

Bandu @ Prakash Nivrutti Sagar ....

Respondent (Ori. accused no.2) Ms. A. Malhotra, A.P.P. for the State.

Mr. Manjiri S. Parasnis, Advocate for the Respondent. Coram : Smt. R.P. SondurBaldota, J.

Date : 25th February, 2016 P.C.

This revision application by the State is to challenge the order dtd. 4th December, 2014 passed by the Sessions Court, Baramati discharging the respondent- accused no.2 of the offences punishable under Sections 201, 202, 203 and 506 read with 34 Indian Penal Code.

The material on record against respondent no.2 is that he had said to the mother of the victim girl that if she is taken to Dr. Khade, there would be a police case. The Sessions

Dusane 2/2 revn110.2015 Court has held that it is apparent from the F.I.R. that the respondent had taken the victim girl and her mother to the hospital of respondent no.3 but he was not present. Hence, the mother of the victim girl had suggested to take her to the hospital of Dr. Khade, upon which the respondent is alleged to have said that if they go to Dr. Khade, there will be a police case. Beyond this statement, nothing had been attributed to the respondent. Therefore, the Sessions Court has held that no case under Sections 201, 202, 203 and 506 read with 34 Indian Penal Code is made out against the respondent. The learned APP has not been able to point out any other material from record. Hence, there is no infirmity in the impugned order. The revision application is dismissed.

(Smt. R.P. SondurBaldota, J.)