Bipin Bhimsen Jadhav v. The State Of Maharashtra And ANR.

by Shagufta Q.

Pathan Date:

2020.09.18 17:00:03 +0530 Shagufta Q.

Pathan 8-wp-4156-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4156 OF 2019 Bipin Bhimsen Jadhav

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. S. P. Chaudhari, Legal Aid Appointed Advocate for the Petitioner Dr. F. R. Shaikh, A.P.P for the Respondent No.1-State CORAM : REVATI MOHITE DERE & M. S. KARNIK, JJ.

FRIDAY, 18 th SEPTEMBER 2020 P.C. :

Heard learned counsel for the petitioner.

By this petition, preferred under Article 226 of the Constitution of India, the petitioner seeks quashing of C.R. No. 67 of 2019 registered with the Wadala Police Station, Mumbai, for the alleged offences punishable under Sections 354(D) and 509 of the Indian Penal Code. Learned counsel for the petitioner submitted that the allegations as against the petitioner are false and baseless and that the complainant has filed a false case with the sole intention of humiliating the petitioner. He further submitted that there are no specific allegations as SQ Pathan 1/2

8-wp-4156-2019.doc against the petitioner and that the false case will cause tremendous hardship to the petitioner, in the event, the FIR is not quashed. Learned A.P.P opposed the petition. She submitted that there are specific allegations levelled against the petitioner in the complaint/FIR. Perused the FIR lodged by the complainant i.e. respondent No.

2. In the said complaint/FIR dated 9th April 2019, the respondent No.2Sheetal Uday Khaire (complainant) has specifically, and in detail, set out the acts of the petitioner i.e. with respect to outraging of her modesty. Having perused the FIR, a prima facie case is made out as against the petitioner. Accordingly, we do not deem it fit to intervene in the said case in exercise of our writ jurisdiction under Article 226 of the Constitution of India. Petition is accordingly dismissed. It is made clear that the observations made herein are prima facie for the purpose of deciding this petition. by the Senior Private Secretary of this Court. M. S. KARNIK, J.

REVATI MOHITE DERE, J.

SQ Pathan 2/2