Pradip Narsingh Sangwan v. The State Of Maharashtra And ANR

pmw 1/2 wp-4633.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4633 OF 2019 Mr. Pradip Narsingh Sangwan

...Petitioner

Vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr. Karansingh B. Rajput for the Petitioner.

Mr. Deepak Thakre, PP a/w Dr. F.R. Shaikh, APP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : 26th NOVEMBER 2019.

P.C.:

The complainant - Respondent No.2 present in Court with Advocate states that she does not want to prosecute the matter. She has filed on record affidavit to that effect on 30th September 2019. Offences registered against petitioner are under section 354 IPC and sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (POCSO).

Petitioner has produced before the Court copy of communication dated 8th February 2019 sent by Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai along with statements of victim and complainant. We have taken said communication

pmw 2/2 wp-4633.19.doc on record as Exhibit - A.

The learned APP is seeking time to verify facts. However, in view of those statements, joint request affidavit mentioned supra, we are not inclined to adjourn the matter. The developments show that nothing fruitful will come out of the prosecution. Accordingly, we make Rule absolute in terms of prayer clause (A).

(SMT. SADHANA S. JADHAV, J.) (B. P. DHARMADHIKARI, J.)