Bhawarsing S/O Tarasing Mohite v. State Of Maharashtra, Thr. Police Station Officer, Ps Khamgaon, Tq. Khamgaon, Dist. Buldhana

12 ABA-230-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.230 OF 2021 Bhawarsing Tarasing Mohite ...Versus...

State of Maharashtra through P.S.O., P.S. Khamgaon, Tq. Khamgaon, District - Buldhana.

_______________________________________________________________________________________ Ofce Notes, Ofce Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. R. D. Karode, Advocate for applicant Shri. A. R. Chutke, APP for respondent no.1/State. CORAM :

N. B. SURYAWANSHI, J.

DATE :

th JUNE, 2021.

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

The applicant apprehends his arrest in Crime No.390 of 2019 registered with Khamgaon (Rural) Police Station District Buldhana for the ofences punishable under Sections 354, 354-A, 452 and 323 of the Indian Penal Code.

3.

It is the prosecution case that on 25.12.2019, after having meals with her in-laws and children, the informant was sleeping in her house. At 11.00 pm she woke up by the noise of door. She came out and saw the applicant. The applicant asked her whether her husband was at home. She informed that he had gone out of station. She then

12 ABA-230-2021 asked him, what is the urgent work at that time in the night. The applicant then caught her left hand and embarrassed her, the informant raised hue and cry. Her in-laws and daughter came out. The applicant pushed her on wall and fed from the spot. 4.

The ofence has taken place on 25.12.2019. After completion of the investigation, charge sheet came to be fled on 18.06.2021 and the Case is numbered as CC No.465 of 2021.

5.

The applicant was granted interim protection vide order dated 06.04.2021 and it is not disputed that the applicant has attended the Police Station and has cooperated in the investigation. In view of the fling of the charge sheet, pre-trial custodial detention of the applicant is not necessary. Criminal Application (ABA) No.230 of 2021 is allowed by making the interim protection order dated 06.04.2021 absolute.

(N. B. SURYAWANSHI, J.) TAMBE