Aananda Yashvant Shinde v. The State Of Maharashtra And ORS

1 / 2 75-APL-925-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.925 OF 2024 Aananda Yashvant Shinde .... Applicant versus The State of Maharashtra & Ors.

.... Respondents .......

• Mr. Omkar Nagwekar, Advocate for Applicants.

• Mr. S. V. Gavand, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 30th JANUARY, 2025 P.C. :

1.

The office note shows that the Respondent No.2 is served. However, the notice is not issued to the Respondent No.3, who has attained majority, but who is the victim and the necessary party; since the offence is u/s 12 of POCSO. It is necessary to issue notice to the Respondent No.3 separately. 2.

Learned counsel for the Applicant submitted that the next date in the Trial Court is 04/02/2025 and the charges are likely to be framed. He submitted that the FIR shows that the Nesarikar

2 / 2 75-APL-925-24.odt victim had willingly accompanied the Applicant. He submitted that therefore the Applicant can be protected. 3.

Considering this submission, till the Respondent No.3 is served, the Applicant can be protected.

4.

Hence, the following order :

O R D E R

(i) Issue notice to the Respondent No.3 returnable on 13/03/2025.

(ii) Till then, the Trial Court shall not proceed against the Applicant.

(iii) Stand over to 13/03/2025.

(S. M. MODAK, J.) (SARANG V. KOTWAL, J.)