Nikhil S/O Sudhakar Jichkar vs The State Of Maharashtra Thr. Pso ...
2021 Latest Caselaw 763 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR
                CRIMINAL APPLICATION (APL) NO.48 OF 2021
                              Nikhil S/o Sudhakar Jichkar
                                           VS.
        The State of Maharashtra, through Police Station, Ajni, Nagpur and another
Office     Notes,   Office                          Court's or Judge's orders
Memoranda of Coram,
Appearances,       court's
orders or directions and
Registrar's orders
                              Shri Bhushan Dafle, Advocate for the applicant.
                              Shri T.A. Mirza, A.P.P. for the non-applicant No.1/State.




                                           CORAM : Z. A. HAQ AND
                                                   AMIT B. BORKAR, JJ.

DATE : 13.01.2021.

1. Heard.

2. The First Information Report registered against the applicant for the offences punishable under Sections 376 (2)(n), 420, 34, 506 of the Indian Penal Code and Sections 3(1)(w)(ii), 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is the subject matter of challenge in this Criminal Application filed under Section 482 of the Code of Criminal Procedure.

3. Learned counsel for the applicant relying on the judgment given in the case of Pramod Suryabhan Pawar Vs. State of Maharashtra and Another reported in (2019) 9 SCC 608 submitted that false promise of

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marriage for sexually exploiting the victim would not the offence punishable under Section 376 of the Indian Penal Code.

4. Issue notice to the non-applicants, returnable on 3rd March, 2021.

5. Shri T.A. Mirza, learned APP waives notice for the non-applicant No.1.

6. By an interim order, it is directed that the investigation may go on and charge-sheet may also be prepared, however, it shall not be filed before the trial Court without seeking leave of this Court.

                                            JUDGE                            JUDGE
manisha