Prerna Parag Dudhade And ORS v. State Of Maharashtra

by RUPALI RAJESH WAKODIKAR Date:

2023.01.13 17:19:33 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4788 OF 2022 Prerna Parag Dudhade & Ors

...Petitioners

Versus

The State of Maharashtra

...Respondent

Mr. Ghanshyam Mishra for the Petitioners.

Mrs. P.P.Shinde, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 11 th JANUARY, 2023 P.C. :

1.

Despite the mandate of the POCSO Act and the mandate of Section 228-A of the Indian Penal Code, learned Counsel for the petitioners has disclosed the names of the prosecutrix and her mother, who is the original complainant. The names to be masked wherever it appears in the petition including in the cause title. 1/3

2.

For disclosing the names of the prosecutrix and her mother, in contravention of the POCSO Act, learned Counsel for the petitioners to deposit costs of Rs.5,000/- with the Kirtikar Law Library, within one week from today.

3.

Leave to carry out amendment is granted. Amendment to be carried out within two weeks from today, even though we are disposing of this petition.

4.

Since the prosecutrix, the complainant and the accused, all have been named as petitioners and quashing is sought on the premise that the matter is amicably settled between the parties, we do not deem it fit to entertain this petition in the format, in which, it is filed. Hence, learned Counsel for the petitioners seeks leave to withdraw this petition with liberty to file a fresh petition seeking the same relief. 5.

The petition is accordingly disposed of as withdrawn with liberty as prayed.

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6.

On amendment being carried out by the learned Counsel for the petitioners, Registry to ensure that the names of the prosecutrix and her mother are deleted from the system. PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

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