Khuddus S/O. Abdul Wahab Inamdar And Others v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 47.

CRIMINAL APPLICATION NO.1890 OF 2019 KHUDDUS S/O. ABDUL WAHAB INAMDAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr. Akash Gade, Adv. H/F. Mr. S.J. Salunke, Adv. For applicants. Mr. K.D. Mundhe, Addl. Public Prosecutor for Respt. No.1 /State Mr. S.S. Thombre, Advocate for respondent No.2 C ORAM : T.V. NALAWADE & M.G. SEWLIKAR , JJ.

DATE : 4th December, 2020 OPERATIVE ORDER :

I.

Application of applicant No.1 is disposed of as withdrawn. II.

Application of applicants No. 2 to 5 is allowed. Relief is granted to them in terms of Prayer Clause (B-1) & (B-2), but to the extent of only for offences punishable under Sections 376, 376(2) (n), 418 and 34 of the Indian Penal Code. It will be open to respondent No.2 to proceed against these applicants for that offence by filing separate proceeding. Subject to this condition, the relief is granted to them of quashing of the first information report and the case.

III.

Rule made absolute in those terms.

IV.

Reasons to follow.

Sd/- Sd/- ( M.G. SEWLIKAR ) ( T.V. NALAWADE ) JUDGE JUDGE Madkar