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Bombay High CourtAPL/1183/2025allowed

Vaibhav S/O Dipak Sadanshiv v. The State Of Maharashtra Thr Pso Ps Gadchiroli And ANR.

2025-09-18Hon'Ble Justice Urmila Joshi Phalke1 pages

(1) 3 apl 1183-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.1183 OF 2025 Vaibhav S/o Dipak Sadanshiv Vs. The State of Maharashtra thr. P,S.O., P.S.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 -------------------------------------------------------------------------------------------------------- Shri Shrinivas Deshpande, Advocate h/f Shri S.D. Borkute, Advocate for applicant Shri N.H. Joshi, APP for non-applicant/State CORAM :

URMILA JOSHI-PHALKE AND NANDESH S. DESHPANDE, JJ.

DATED :

18.09.2025 Heard learned Counsel for the applicant. He submitted that the crime is registered on the basis of a report lodged by the victim. In fact, the recitals of the First Information Report itself show that there was a consensual relation between the victim and the present applicant. Whether there was a misconception of fact or not, it reveals from the statement itself. Considering the consensual relationship, no offence is made out, and therefore, he filed the application for quashing of the First Information Report as well as the charge-sheet.

2.

Learned Additional Public Prosecutor waives notice for the State and seeks time to file reply.

3.

Learned Counsel for the applicant also submitted that now charge-sheet is already filed. There is likelihood of framing of the charge.

4.

Considering the submission made by the learned Counsel for the applicant, learned Trial Court shall not proceed with framing of the charge till next date.

5.

Stand over on 04.11.2025.

(NANDESH S. DESHPANDE, J.) (URMILA JOSHI-PHALKE, J.) Jayashree..