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Bombay High CourtAPL/1494/2019rule absolute

Sumit Surajsingh Kagda v. The State Of Maharashtra And ORS.

2020-02-05Hon'Ble Shri Justice N. R. Borkar,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

rsk 1/2 30-APL-1494-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO.1494 OF 2019 Sumit Surajsingh Kagda ...Applicant vs.

The State of Maharashtra and Ors.

...Respondents

---- Mr. Pramod S. Kumbhar for the Applicant.

Priyal Sarda for Respondent No.2.

Smt. Aruna S. Pai, APP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI & N. R. BORKAR, JJ.

DATE : 5/2/2020.

P.C.:

.

Applicant is present with his advocate. Complainant/ respondent No.2 is present with his advocate and his minor daughter. 2.

FIR is under section 354D of IPC and section 12 of POCSO Act. Learned APP pointed out that in the meanwhile chargesheet is also filed. 3.

It appears that the community people have intervened and understanding has been given to the applicant. Applicant therefore is trying to shift his residence to some other locality. Respondent No.3 victim states that she will attempt to secure 75% marks in 12th standard examination. 4.

In view of this development and bonafides shown we are inclined to intervene in extra ordinary jurisdiction.

rsk 2/2 30-APL-1494-19.doc 5.

Accordingly, we make Rule absolute in terms of prayer clause (b). Consequential chargesheet filed because of this FIR in Special Case No.37/2020 is also therefore quashed and set aside. (N. R. BORKAR, J.) (B. P. DHARMADHIKARI, J.)