Ajay Rameshchnadra Nagwani And 3 Others v. State Of Mah. Thr. Pso Ps Karanja City Tq.Karanja Dist.Washim And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 576 OF 2024 Ajay Rameshchandra Nagwani and Ors.

Vs.

State of Maharashtra, Thru. PSO, PS Karanja City, Tq. Karanja City, Dist. Washim and anr.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. S.V. Sirpurkar, Advocate for applicants.

Ms. Trupti Udeshi, APP for non-applicant No.1. CORAM : VINAY JOSHI, AND SMT.VRUSHALI V.JOSHI, JJ.

DATE : 17.04.2024 Heard.

2.

This is an application seeking to quash First Information Report in Crime No.189/2024 registered with Police Station Karanja City, District - Washim, for the offence punishable under Sections 376(2)(n), 417, 323, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3(1)(w), 3(1) (w)(i), 3(1)(w)(ii) and 3(2)(va) of the Scheduled Tribe and Scheduled Tribes (Prevention of Atrocities) Act.

3.

The informant lady is 36 years was a divorcee. She alleges that the applicant No.1, who is Prity

2 / 2 905.apl576.2024 married fellow had established sexual relations with her under promise to marry. She stated that on several occasions applicant No.1 had sexually exploited her by giving assurances of marriage. The rest of the applicants abused her assisted by applicant No.1.

4.

It is submitted that at the most it is a case of consensual relationship. The applicant would submit that the informant was threatening him for extraneous reasons. Already, the applicant had filed NC report on earlier day specifically stating that the informant gave threats to be involved in a false crime.

5.

Issue notice to the non-applicants, returnable on 18.06.2024.

6.

Ms. Udeshi, learned APP waives service of notice on behalf of non-applicant No.1/State. 7.

In the meantime, investigation shall go on, but the charge-sheet shall not be filed against the applicants without obtaining leave of this Court. (SMT. VRUSHALI V. JOSHI, J) (VINAY JOSHI, J) Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 18/04/2024 15:33:47 Prity