Badshah Mehmood Shaikh And ANR v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3691 OF 2019 1.

Badshah Mehmood Shaikh age 23 years, occ. Private Service R/o Muktapur, Tq. Newasa Dist. Ahmednagar 2.

Nizam Majnu Shaikh age 35 years, occ. Labour r/o as above.

Applicants

Versus

1.

The State of Maharashtra Through Police Inspector Newasa Police Station Tq. Newasa, Dist. Ahmednagar 2.

Pratibha d/o Sanjay Gadekar age 23 years, occ. Household r/o Muktapur, Tq.Newasa Dist. Ahmednagar.

Respondents Mrs. S.S. Kazi, Advocate for the applicants.

Mr. R.V. Dasalkar, APP for respondent No. 1. Mr. Aftab Patel, Advocate holding for Mr. Shaikh Wajed, Advocate for respondent No. 2.

CORAM : T.V. Nalawade & M.G. Sewlikar, JJ.

DATE : 11th February, 2020.

ORAL JUDGMENT : ( PER T.V. NALAWADE, J.) 1.

Rule. Rule made returnable forthwith.

2.

By consent, heard both the sides for fnal disposal.

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During argument, it was submitted that respondent No. 2 - prosecutrix has fled affdavit to the effect that she has no intention to give evidence against the applicants. It is her contention that applicant No. 1 is now her husband. Applicant No.2 is the friend of applicant No. 1. The First Information Report was fled on 15.10.2019 which was mainly against applicant No. 1 and allegations of rape were made against him. At that time, the prosecutrix was aged about 23 years.

4.

In view of the contents of affdavit, this Court holds that nothing can be achieved by asking the applicants to face trial for offence punishable under Sections 376, 506 of the Indian Penal Code and Section 67 of the Information Technology Act. 5.

In the result, application is allowed. Relief is granted in terms of prayer clause 'B'. Rule made absolute in those terms. ( M. G. SEWLIKAR ) ( T.V. NALAWADE ) Judge Judge dyb