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Bombay High CourtAPL/672/2024allowed

Abdul Arif Abdul Shahid And Another v. The State Of Maharashtra Thr. Pso Ps Akot Dist.Akola And Another

2024-04-24Hon'Ble Shri Justice Pravin S. Patil2 pages

1 915 apl 672.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINALAPPLICATION (APL) NO. 672/2024 (Abdul Arif s/o Abdul Shahid & ors. Vs. State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.R. Tekade, Advocate for applicants.

Mr. N. Joshi, APP for non-applicant No.1.

CORAM: VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.

DATED : 24/04/2024.

Heard.

2.

This is an application seeking to quash chargesheet arising out of Crime No. 84/2023 registered with Police Station Akot, Dist. Akola for the offence punishable under Section 376(1), 376(f), 376(n) of the Indian Penal Code.

3.

The facts of the case are that the mother-in-law of daughter of applicant No.1 alleges about rape. The informant stated that as to how she has been been abducted by applicant No.1 and his son applicant No.2 and then under some intoxicant, she was confined for 35 days in house, where she subjected to sexual assault. 4.

The learned counsel appearing for applicants has attracted our attention to a statement recorded by Mahilla Cell of Police Station, Akot, wherein she admitted about her consent. Moreover, it is argued that the entire story is improbable and unacceptable.

2 915 apl 672.24 5.

Issue notice to the non-applicants for final disposal returnable after eight weeks. The learned APP waives service of notice for non-applicant No.1.

5.

The Trial Court shall stay the proceeding until further order of this Court.

( MRS. VRUSHALI V. JOSHI , J.) (VINAY JOSHI, J.) Gohane Signed by: Mr. J. B. Gohane Designation: PA To Honourable Judge Date: 25/04/2024 10:43:51