Bombay High CourtAPL/1631/2024allowed

Asha Wd/O Nandkishor Salve And Others v. The State Of Maharashtra Thr. Pso Ps Deulgaon Raja, Dist. Buldhana And Another

2024-10-25Hon'Ble Shri Justice Pravin S. Patil2 pages

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IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.1631 OF 2024 ASHA WD/O NANDKISHOR SALVE AND OTHERS VS THE STATE OF MAHARASHTRA THR. PSO PS DEULGAON RAJA, DIST. BULDHANA 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. A.V. Band, Advocate for the applicant/s Ms N.R. Tripathi, APP for the State CORAM: VINAY JOSHI AND ABHAY J. MANTRI, JJ.

DATED : 25/10/2024.

Heard.

By this application, the applicants are seeking to quash First Information Report vide Crime No.236/2024 registered with Police Station Deulgaon Raja, District Buldhana for the offence punishable under Sections 376(2)(n), 109, 506 read with Section 34 of the Indian Penal Code and under Sections 8 and 12 of the Protection of Children from the Sexual Offences Act. The learned counsel for the applicant would submit that the allegations made particularly against the present applicants are inherently improbable.

It is submitted that the main allegations of rape are against the co-accused Chadrakant, who is the son and brother of the present applicants. So far as the present applicants are concerned, it is only alleged that the applicants instigated Chadrakant to maintain illicit relation with the victim.

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

2 22 In the meantime, investigation may go on, but charge-sheet shall not be filed against the applicants without obtaining leave of this Court.

It is brought to our notice that the allegations of establishing sexual relations under the false promise to marriage are ranging from the period of last 10 years.

(ABHAY J. MANTRI, J.) (VINAY JOSHI, J.) ND.THAWRE PA Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge Date: 25/10/2024 20:10:19