Bombay High Court
Pravin S/O. Yadaorao Manpe vs State Of Maharashtra Thr. P.S.O. ... on 21 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.939 OF 2018
1. Pravin S/o Yadaorao Manpe,
Aged about 42 years, Occ. Lawyer,
R/o Flat No.G-1, Kabir Palace, Om
Nagar, Koradi Road, Nagpur ....APPLICANT
// VERSUS //
1. State of Maharashtra,
through the P.S.O. Khaparkheda, Tq.
Saoner, Distt. Nagpur.
2. Kulsum Nasir Khan,
Aged about 17 years, Occupation:
Education - Minor through natural
guardian father Nasir Khan, R/o.
WCL Colony, Qtr. No.83/5,
Chankapur, Tq. Saoner, Distt. Nagpur .... NON-APPLICANTS
Shri Mahesh Rai, Advocate for the applicant.
Shri N.S. Rao, A.P.P. for the non-applicant No.1/State.
______________________________________________________________________
CORAM : Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATE : 21.01.2021.
ORAL JUDGMENT: [PER: AMIT B. BORKAR, J.]
1. Rule. Rule is made returnable forthwith.
2. This is an application under Section 482 of the Code of
28 apl 939.18.jud.odt
Criminal Procedure challenging the First Information Report
registered with Crime No.331/2018 dated 12th July 2018 for the
offences punishable under Sections 363, 366-A, 376 (2)(i)(n), 354,
344, 109 and 34 of the Indian Penal Code and under Sections 4 and
8 of the Protection of Children from Sexual Offences Act, 2012.
3. The First Information Report came to be registered
against the applicant and other nine persons with the accusations
that the applicant advised co-accused that they will kill the victim
and rest of the matter will be sorted out by the applicant. It is also
alleged that the applicant demanded an amount of Rs.90,000/- for
the said work.
4. The applicant, therefore, filed present application before
this Court challenging the registration of the First Information
Report. This Court on 26th November 2018 issued notice to the non-
applicants. The non-applicant No.2 is served but has not appeared
either personally or through advocate. The non-applicant No.1 has
filed reply. It is stated that the victim heard the chatting between
Kaushallaya and the applicant that they wanted to kill the victim
and the dead body of the victim should not be thrown here and
there. Instead it was suggested that they should bury the dead
28 apl 939.18.jud.odt
body. It is also stated in the reply that the applicant has instigated
other accused to commit the offence in question.
5. We have carefully considered the contents in the First
Information Report. The sum and substance of the allegations
against the applicant is that the applicant instigated other co-
accused of the crime by suggesting that he will take care of the
matter and also suggested how to bury body of the victim. From the
accusations in the report, it appears that the offence punishable
under Sections which are registered against other accused are as
under:-
"363, 366-A, 376 (2)(i)(n), 354, 344, 109 read
with Section 34 of the Indian Penal Code and
also under Sections 4 and 8 of the Protection of
Children from Sexual Offences Act, 2012".
6. After carefully considering the ingredients of the offence
alleged against the applicant, we are satisfied that none of the
essential ingredients of the offence alleged against the applicant are
made out, even if the allegations in the First Information Report are
assumed to be correct. We are therefore, satisfied that the
continuance of proceeding against the applicant would amount to
abuse of process of Court.
28 apl 939.18.jud.odt
7. We, therefore, pass the following order:-
(i) The First Information Report No.331/2018 dated
12th July 2018 registered with the non-applicant No.1-Police Station
for the offences punishable under Sections 363, 366-A, 376(2)(i)
(n), 354, 344, 109 r/w Section 34 of the Indian Penal Code and also
under Sections 4 and 8 of the Protection of Children from Sexual
Offences Act, 2012 is quashed and set aside as against the applicant
Pravin Yadaorap Mandpe only.
Rule is made absolute in the above terms.
JUDGE JUDGE
manisha
