Rajesh Jayram Maurya v. The State Of Maharashtra And ANR.

Sr.No.918 Apl 340.15 SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 340 OF 2015 Rajesh Jayram Maurya ....Applicant versus State of Maharashtra and anr.

....Respondents Mr. Vivek B. Pandey, advocate for the applicant. Mrs. P. H. Kantharia, APP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 12th AUGUST, 2015.

P.C.:

Heard Mr. Pandey, learned counsel for the applicant and Mrs. Kantharia, APP for the State.

2.

The petition is filed for quashing the FIR bearing CR No.II/646/2014 registered with Malvan Police Station for the offences punishable under Sections 376 and 506 of the Indian Penal Code, 1860. 3.

We have gone through the FIR, it does prima facie discloses commission of cognizable offence. Learned counsel for the petitioner submitted that the incident of rape occurred on 5th September, 2013 and FIR is filed one year thereafter. Delay in filing the FIR itself cannot be a ground for quashing the FIR at the preliminary stage. In the above circumstances, we are not inclined to entertain the petition. The petition is, accordingly, dismissed.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 1/1