Dinesh S/O Laxmanrao Pohane v. The State Of Maharashtra Thr. Pso Ps Wadner, Tq Hinganghat, Dist. Wardha And Another

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IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.1504 OF 2024 DINESH S/O LAXMANRAO POHANE VS THE STATE OF MAHARASHTRA THR. PSO PS WADNER, TQ HINGANGHAT, DIST. WARDHA AND ANOTHER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Shiba Thakur, Advocate along with Mr. A.Z. Mirza, Advocate for the applicant/s Ms S.V. Kolhe, A.P.P. for the State.

CORAM: VINAY JOSHI AND ABHAY J. MANTRI, JJ.

DATED : 15/10/2024.

Heard.

By this application, the applicant is seeking to quash First Information Report vide Crime No.213 of 2024 registered with Police Station Wadner, Tah Hinganghat, District Wardha for the offence punishable under Section 354-A, 376(2)(F) and 506 of the Indian Penal Code (IPC).

It is informed that after investigation, the offence under Section 376(2)(F) of the IPC has been added.

The informant lady is the daughter-in-law of the applicant. The informant alleges that on 02.05.2024, the applicant had forcibly established sexual intercourse. The learned counsel for the applicant would submit that the allegations are totally false, frivolous and made for ulterior motives.

In order to explain her submission, we have gone through the NC Report dated 03.05.2024 and First Information Report dated 12.05.2024, wherein the informant never stated any grievance about forcible sexual intercourse. Rather the earlier statements are

2 10 restrained to the offence of outraging the modesty. In such background, the informant while giving supplementary statement dated 21.05.2024, first time the allegation of rape was made. According to the applicant, it is evident from the above circumstances that false allegation of rape has been levelled.

Issue notice to the non-applicants for final disposal, returnable after six weeks.

The trial Court shall not proceed with the matter, till further orders.

(ABHAY J. MANTRI, J.) (VINAY JOSHI, J.) ND.THAWRE PA Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge Date: 15/10/2024 18:31:05