Irrappa B Amaangi v. The State Of Maharashtra

922-WP-1759-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1759 OF 2023 Irrappa B. Amaangi ..PETITIONER

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. R.R. Choudhari, Advocate for petitioner Mr. A.R. Kale, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 01st DECEMBER, 2023 ORDER ( PER : SANJAY A. DESHMUKH,J. ) :

1.

This is petition, under Article 227 of the Constitution of India, for quashment of First Information Report ('F.I.R.') and consequential proceeding, bearing Crime No. 156 of 2023 registered with Tuljapur Police Station, Dist. Osmanabad under Sections 3(1)(w)(1), 3(1)(w)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Section 8 and 12 of Protection of Children from Sexual Offences Act ('P.O.C.S.O.').

2.

Perused the F.I.R. and charge-sheet/police papers. 3.

Learned counsel for the petitioner pointed out statement of one of the victim girl that Pratap Narsing Kamble is the name of her father and not 1 / 2

922-WP-1759-23.odt P.R. Kamble. However, in her statement she clarified that she knew good and bad touch which was taught to her in school and therefore, submission of learned counsel for the petitioner in this regard is not acceptable. 4.

Perused the report and all the documents on record. Teen aged girls are sexually harassed by the petitioner, which appears from their statements recorded by the school committee. These are sufficient to establish ingredients of Section 8 and 12 of P.O.C.S.O. Considering prima facie serious allegations against the petitioner, we are not inclined even to issue notice to the respondents. Petition, therefore, deserves to be dismissed. 5.

Criminal writ petition is dismissed. No costs. ( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2