Ganesh S/O Narendraji Deshmukh vs State Of Maharashtra, Through ...
2021 Latest Caselaw 2736 Bom

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

                 CRIMINAL APPLICATION (APL) NO. 25 OF 2015

  Ganesh S/o. Narendraji Deshmukh,
  Aged about 38 years, Occ. Service,
  R/o. Vijay Colony, Mahananda Apartment,
  Rukhmini Nagar, Amravati.                                               . . . APPLICANT

                       ...V E R S U S..

  1. State of Maharashtra through
     P.S.O., Gadge Nagar Police Station,
     Amravati.

  2. Ku. Ambika D/o. Ajay Hingmire,
     Aged about 17 years, Occ. Education,
     Though her natural guardian Father,
     Shri Ajay Hingmire,
     R/o. Near Shrikrishna Mandir,
     Mata Khidki, Amravati,
     Tah. & Dist. Amravati.                                     . . . NON-APPLICANTS

 ------------------------------------------------------------------------------------------------
 Shri Firdos Mirza, Advocate for applicant.
 Shri T. A. Mirza, A.P. P. for non-applicant no. 1/State.
 Shri S. D. Chande, Advocate a/w. Shri M. V. Rai, Advocate for non-
 applicant no. 2
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 10.02.2021

ORAL JUDGMENT (PER : Z. A. HAQ, J.) :-

1. Heard.

2. The accused has filed this application under Section 482 of

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the Code of Criminal Procedure praying that the First Information

Report registered against him for the offence punishable under Section

23 of the Protection of Children from Sexual Offences Act, 2012

(hereinafter referred to as "the Act of 2012") be quashed.

3. The applicant-accused was Editorial Head of the daily

"Lokmat" at Amravati District Office at the relevant time i.e. in 2014.

The news item was published in "Lokmat Hello Amravati" on

23.12.2014, which according to the non-applicant no. 2-victim was

objectionable, inasmuch as it disclosed her identity in connection with

some illegal activities alleged to be going on in Child Care Home

maintained by Vidarbha Maharogi Seva Mandal at Tapovan, Amravati.

At the relevant time, the non-applicant no. 2-victim was aged about 17

years.

4. In response to the notice issued by this Court, the non-

applicant no. 1-Investigating Agency has filed its reply supporting its

action of registering the First Information Report against the applicant.

In the reply, the provisions of Section 23 of the Act of 2012 are

reproduced and in paragraph no. 5 of the reply it is stated that the

applicant-accused is responsible for publication of the name and

disclosure of the identity of the non-applicant no. 2-victim, and

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therefore the applicant is liable for prosecution for offence under

Section 23 of the Act of 2012.

5. With the assistance of learned Advocate for the applicant,

learned A.P.P for the non-applicant no. 1/State and learned Advocate

for the non-applicant no. 2-victim, we have gone through the

concerned news item. We find substance in the submission of learned

Advocate for the applicant that the news item does not disclose the

name and identity of the non-applicant no. 2-victim. It is submitted on

behalf of the non-applicants that the name of the non-applicant no. 2-

victim is disclosed in the letter issued by the Chairperson of the Child

Welfare Committee to the Child Care Home and the letter is published

alongwith the news item in the "Lokmat Hello Amravati" and for this

the applicant is responsible.

6. Inspite of the repeated enquiries from the Advocates

representing the non-applicants, we have not received any answer as

to how the offence under Section 23 of the Act of 2012 is registered

against the applicant. The provisions of Section 23 are in Chapter V of

the Act of 2012 and Chapter V of the Act of 2012 provides for the

procedure for reporting of cases. Learned A.P.P. and learned

Advocate for the non-applicant no. 2-victim have not been able to

show that any case relating to the non-applicant no. 2-victim was

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pending at the relevant time before any Court of law. Learned A.P.P.

and learned Advocate for the non-applicant no. 2-victim have not been

able to point out from the news item or the concerned letter that any

material lowering the reputation of the non-applicant no. 2-victim or

infringing upon her privacy was published in the news item. From the

reply filed on behalf of the non-applicant no. 1-Investigating Agency, it

is clear that the Investigating Agency itself is not sure about the offence

alleged to have been committed by the applicant.

7. Be that as it may, we do not find anything in the news item

published in "Lokmat Hello Amravati" on the basis of which the First

Information Report could have been registered against the applicant

and we deem it fit to exercise the power under Section 482 of the

Code of Criminal Procedure and quash the First Information Report.

8. Hence, the following order:-

First Information Report No. 3003/2015 registered against

the applicant with the non-applicant no. 1-Police Station is quashed.

Rule is made absolute accordingly.

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CRIMINAL APPLICATION (APPP) NO 1225 OF 2019

In view of the disposal of Criminal Application (APL) No.

25/2015, this Criminal Application praying for vacation of stay granted

by this Court on 29.04.2015 does not survive. It is disposed

accordingly.

                JUDGE                                         JUDGE

 RR Jaiswal