Bombay High CourtAPL/1500/2024allowed

Atish Pankaj Sarkar v. The State Of Maharashtra Thr. Ps Gadchiroli Dist. Gadchiroli And Another

2024-10-15Hon'Ble Justice Urmila Joshi Phalke , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

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IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION APL NO.1500 OF 2024 ATISH PANKAJ SARKAR VS THE STATE OF MAHARASHTRA THR. PS GADCHIROLI DIST. GADCHIROLI AND ANOTHER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.R. Maddalwar, Advocate for the applicant/s Ms Sneha Dhote, APP for the State CORAM: VINAY JOSHI AND ABHAY J. MANTRI, JJ.

DATED : 15/10/2024.

Heard.

The learned counsel for the applicant seeks leave to amend the petition, as charge-sheet has been filed.

Leave is granted with permission to file the charge-sheet on record.

By this application, the applicant is seeking to quash First Information Report vide Crime No.576 of 2024 registered with Police Station Gadchiroli for the offence punishable under Sections 376 and 376(2)(n) of the Indian Penal Code.

The informant lady aged 22 years lodged a report stating that she got befriended with the applicant through Instagram. The relationship was developed between them. The applicant promised her for marriage and time to time established sexual relations. Finally, he has refused for marriage and therefore, the report. The learned counsel for the applicant would submit that at the most it is the case of consensual relationship. A bare reading of the FIR discloses that intermediately they used to meet at different places from which it is evident that she

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Issue notice for final disposal to the non-applicants, returnable after four weeks. The learned APP waives service of notice for the State.

(ABHAY J. MANTRI, J.) (VINAY JOSHI, J.) ND.THAWRE PA Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge Date: 15/10/2024 18:28:51