Fardinulla S/O Fahimulla v. The State Of Mah., Thr. Pso Kholapurigate Dist Amravati

14.10.ABA.571.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLCIATION (ABA) NO. 571/2019 (Fardinulla s/o Fahimulla vs. The State of Maharashtra : Th. P.S. Kholapurigate, Amravati) ...................................................... ......................................................... Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders ............................................................................................................ Mr. P.R.Agrawal, Adv.for applicant Mr. Amit Chutke, APP for respondents ORAM : MRS.SWAPNA JOSHI, J.

ATED :14th October, 2019 The applicant apprehends arrest in respect of Crime No.189/2019 registered at Kolhapurigate Police Station, Amravati for offence punishable under sections 354-D and 506 of the IPC and u/s. 12 of the Protection of Children from Sexual Offences Act, 2012. Heard both sides.

The allegations against the applicant are that he was following a girl, aged about 16 years and was insisting that the girl should keep relationship with him or else he would assault her brothers. Mr. P.R.Agrawal, learned counsel for the applicant contended that the applicant has deposited his mobile phone with the investigating agency and as such, his custodial interrogation is no more required. Vide order dated 14th August, 2019 the applicant was granted ad-interim relief by this Court.

The learned APP confirms that the mobile hand-set of the

14.10.ABA.571.19 applicant has been deposited with the investigating agency, so also his motorcycle was also seized from the applicant. Considering the nature of offence, the allegations made against the applicant and the fact that mobile hand-set has been deposited with the police machinery, the custodial interrogation of the applicant is not required. In view thereof, the anticipatory bail granted by this Court vide order dated 14th August,2019 is hereby confirmed, on same conditions.

The Criminal Application stands disposed of. JUDGE Sahare