Rajkumar Kisan Pawar v. The State Of Maharashtra And Another

2025:BHC-AUG:27869-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 CRIMINAL APPLICATION NO.755 OF 2022 Rajkumar Kisan Pawar, Age 49 yrs., Occ. Agri., R/o Bhawanwadi, Post Charegaon, Tq. Karad, Dist. Satara.

... Applicant ... Versus ...

The State of Maharashtra Through District Superintendent of Police, Ahmednagar, Dist. Ahmednagar.

The Police Inspector, City Police Station, Sangamner, Tq. Sangamner, Dist. Ahmednagar.

... Respondents ...

Mr. A.G. Jadhav, Advocate h/f Mr. R.S. Sadaphule, Advocate for applicant Mr. G.A. Kulkarni, APP for respondent Nos.1 and 2 ...

CORAM :

SMT. VIBHA KANKANWADI & SUSHIL M. GHODESWAR, JJ.

DATE :

02nd SEPTEMBER, 2025 ORDER :

(PER : SMT. VIBHA KANKANWADI, J.) .

We have perused the earlier orders passed by this Court and we need not repeat that the girl is still missing, in respect of whom the offence

14_Cri.Appln_755_2022 has been registered. The girl is major and, therefore, the offence under Section 366 of the Indian Penal Code, 1860 would come into play. In spite of changing the Investigating Officers and giving specific directions by this Court the authorities have expressed their inability to find out the girl. This can be said to be the total disaster and failure on the part of police administration. We had disposed of the petition for writ of habeas corpus by giving standing order that whenever the girl would be found, she should be produced. Under such circumstance, we do not find this to be a fit case where we should exercise our powers under Section 482 of the Code of Criminal Procedure for quashing First Information Report.

Let there be still investigation and whatever the evidence has been collected up till now, it shows the involvement of applicant. In respect of failure on the part of police to find out the girl, the informant would be at liberty to file appropriate proceedings for compensation as the State authority has failed to protect the person and even failed to search and find out the missing girl. They are not even taking the decision that the girl might have been murdered. The informant is, therefore, at liberty to file appropriate proceedings. With these observations, Criminal Application stands rejected. ( SUSHIL M. GHODESWAR, J. ) ( SMT. VIBHA KANKANWADI, J.