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Bombay High CourtAPL/823/2024allowed

Anmol S/O Prabhakar Palkar v. The State Of Maharashtra Thr. Pso, Ps, Bibi, Tah. Lonar, Dist. Buldhana And 1

2024-05-09Hon'Ble Shri Justice Pravin S. Patil3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APL] NO. 823/2024.

Anmol Prabhakar Palkar.

-VERSUSState of Maharashtra and another.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri V. Rathi, Advocate h/f. Shri P.B. Patil, Advocate for the Applicant.

Shri N. Joshi, A.P.P. for Non-applicant No.1. CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI , JJ.

DATE : MAY 09 , 2024.

Heard.

2.

This is an application seeking to quash charge sheet registered as Special Atrocities cAse No.117/2024 before the 2nd District and Additional Sessions Judge, Mehkar, arising out of the first information report bearing Crime No.15/2024 registered by Bibi Police Station, District Buldhana for the offence punishable under Sections 376, 376[2][n], 506 of the Indian Penal Code and Sections 3[1][w][i], 3[1][w][ii] and 3[2][va] of

the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.

The informant widow aged 26 years has lodged the aforesaid report. It is her case that she got acquainted with the applicant in the year 2019. The applicant has assured her that he would arrange to get benefits of certain government schemes. By giving such promise, the applicant developed love relationship. It is contended that the applicant administered some stuffing substance and had illicit sexual intercourse. He has also taken some obscene photographs of the informant and then for next 4 years established sexual relation by stating that he would make the photographs viral.

4.

The applicant submits that it is a case of consensual relationship. He has produced several documents to show the intimate relationship.

5.

Issue notice to non-applicants, returnable on 13.06.2024. Learned A.P.P. waives notice for Non-applicant no.1.

6.

In the meantime, the trial Court shall

not frame charges against the applicant till the returnable date.

JUDGE JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 13/05/2024 11:18:30