Nayan Alias Piyush Murlidhar Ninawe v. State Of Maharastra Through Its Police Officer Police Station Ambazari, Nagpur Dist. Nagpur

912-apl-1355-24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.

OF 20 Nayan Piyush Murlidhar Ninawe -Vs-State of Maharashtra and one. ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------ -------------------------------------------------------------------------------------------------------- Mr.P.J.Vairagade, counsel for the applicant. Mr.A.M.Joshi, A.P.P for non-applicant-State. CORAM VINAY JOSHI & MRS. VRUSHALI V. JOSHI, JJ.

DATE : 23rd SEPTEMBER,2024 1.

Heard.

2.

This is an application seeking to quash the charge-sheet in Special Case (POCSO) No.685 of 2023 arising out of First Information Report No.727 of 2023 for the offence punishable under Sections 354, 354(d), 506, 376, 376(n) and 506 of the Indian Penal Code and Section 4,8 and 12 of the Protection of Children From Sexual Offences Act, 2012.

3.

The informant-girl aged 17 years has lodged the report on 15.10.2023 regarding alleged act of outraging her modesty on 26.07.2023. Later, again after two months, she gave supplementary statement, wherein made allegations about sexual harassment of penetrative sexual assault. The applicant's learned counsel would submit that initially, there was a delay of three months Kavita

912-apl-1355-24.odt 2/2 and the grave allegations were levelled two months thereafter. The victim has also not consented for medical. It is the applicant's contention that out of rivalry after thought, the report has lodged and then the further improvements to wreak the vengeance.

4.

Issue notice to the non-applicants, returnable after four weeks.

5.

Learned APP waives service of notice for nonapplicant No.1-State. 6.

Trial Court shall not frame charge till further orders.

JUDGE JUDGE Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 24/09/2024 12:11:12 Kavita