Xyz Victim In Crime No 189/ 2016 v. State Of Maharashtra Thr Pso, Ps Bhandara

(1) 16crwp988.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.988/2025 XYZ Victim in Crime No. 189/2016 .Vs. State of Maharashtra --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. M. Chandekar, Advocate for petitioner. Mr. A. J. Gohokar, A.P.P. for respondent.

CORAM :

ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ.

DATE :

JANUARY 5, 2026.

Petitioner has approached the Court with following prayers:

"a) Call for record and proceedings in Sessions Trial No.10/2017 pending before the learned District Judge-2 and Additional Sessions Judge, Bhandara; b) On perusal of record and proceedings, of sessions Trial No.10/2017 pending before the learned District Judge-2 and Additional Sessions Judge, Bhandara, pleased to issue appropriate Writ, order or direction, taking cognizance of the manner in which victim is humiliated by violating mandatory provisions of law; c) Issue appropriate writ, order, or direction, thereby directing prosecution to pay compensation as may be decided by this Hon'ble Court;

d) Grant stay to the trial of Sessions Trial No.10/2017, pending before learned District Judge-2 and Additional Sessions Judge, Bhandara, till final disposal of this Writ Petition;"

2.

By prayer clause (b), the petitioner is seeking direction and/or to take cognizance of the matter, in which the victim is humiliated by violating mandatory provisions of law. On inquiry as to how the victim is humiliated, the counsel submits that her name is appearing in the record of the Trial Court. Thus, the humiliation is attributed on account of failure to adhere to the provisions of law, particularly Section 228A of the Indian Penal Code, 1860. Said provisions mandates concealment of identity of the victim as also the accused. Unfortunately, identity of the victim and accused has been

(2) 16crwp988.25 not concealed and accordingly, on 28.11.2025, we had passed the following order.

"Heard.

2.

The argument is that the petitioner who is victim of rape has faced humiliation before trial Court for blatant violation of provisions of law, particularly on concealment of identity of victims and the accused while publishing the name in summons, warrants, depositions and other documents in terms of Section 228-A of Indian Penal Code. 3.

Issue notice to the respondent, returnable after four weeks.

4.

Learned Additional Public Prosecutor waives service of notice for the respondent.

5.

The trial Court and all connected with the matter shall take note of the above and hereinafter shall proceed strictly in accordance with the provisions of law.

6.

Learned Judge of trial Court shall inform about this order to all concerned including the Special Public Prosecutor and others connected with the trial." 3.

As could be seen, the Trial Court has been apprised of the provisions of law and directed to follow the same strictly, which should serve the purpose. For other grievance, the petitioner has an alternate and effective remedy available, which the petitioner may avail, if so desired.

4.

The petition is accordingly disposed of.

(JUDGE) (JUDGE) Kahale