Bharat S/O Wamanrao Rane vs State Of Maharashtra Thr. Police ...
2021 Latest Caselaw 11146 Bom

                                           1/2                            11-APL 676.2020

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

               CRIMINAL APPLICATION (APL) NO. 676 OF 2020

(Bharat s/o Wamanrao Rane vs. The State of Maharashtra and another)

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. N. R. Tekade, Advocate for applicant. Mr. A. R. Chutke, APP for respondent No.1. Mr. S. V. Sirpurkar, Advocate for respondent No.2.

                                         CORAM         :       MANISH PITALE J.
                                         DATE          :       17/08/2021

Heard learned counsel for the parties for some time.

2. The rival parties have relied upon certain judgments of the Hon'ble Supreme Court on the question of scope and ambit of the power under Section 319 of the Cr.P.C. Although there is no quarrel with the proposition that in the present case, the Court of Additional Sessions Judge at Akola had erred in referring to the concept of mens rea in the context of alleged offence under Section 21 read with 19 of the Protection of Children from Sexual Offences Act, 2012, one of the queries put to the learned

KOLHE

2/2 11-APL 676.2020

counsel for the parties was, as to whether the persons sought to be arrayed as accused if the application at Exh.76 were to be allowed, were required to be made parties in the present proceedings before this Court. This is in the backdrop of the fact that by the impugned order, the application at Exh.76 has been rejected and that a reversal of the said order would certainly be against the interest of the said persons.

3. Mr. Tekade, learned counsel appearing for the applicant submits that he would do some research into the matter and address this Court on the next date of listing.

4. List for further hearing on 25th August, 2021.

JUDGE

KOLHE