Chirag Bhagvanbhai Kotak v. The State Of Maharashtra And ANR

4 wp 1326.17.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1326 OF 2017 Chirag Bhagvanbhai Kotak ....Petitioner versus The State of Maharashtra and anr.

....Respondents Mr. Aniket V. Nikam i/b. Mr. Aashish Satpute, advocate for the petitioner. Mrs. Aruna S. Pai, APP for the State.

CORAM : RANJIT MORE & SANDEEP K. SHINDE, JJ.

DATE : 4th DECEMBER, 2017.

P. C. :

Heard Mr. Nikam, learned counsel for the petitioner and Ms. Pai, learned APP for the State.

2.

The petition is filed for quashing the FIR bearing CR No.904 of 2016 registered with Yerwada Police Station at the instance of the respondent No.2. The said FIR is filed against the present petitioner for the offences punishable under Sections 376, 328 and 506 of the Indian Penal Code, 1860 and Section 67(a) of the Information Technology Act, 2000.

3.

We have gone through the FIR, a copy of which is annexed at page 15. It is alleged that in the month of August-2015, the petitioner Shubhada S Kadam 1/2

4 wp 1326.17.doc committed rape on respondent No.2 by giving her intoxicated substance through water. The FIR, therefore, does disclose commission of cognizable offence. We are, therefore, not inclined to quash the FIR. The petition is without any merit and the same is, accordingly, dismissed.

(SANDEEP K. SHINDE, J.) [RANJIT MORE, J.] Shubhada S Kadam 2/2