Ritesh S/O Subhash Warhekar vs State Of Mah., Thr. P.S.O. Ps ...
2022 Latest Caselaw 118 Bom

                              1                          26-apl-177-2020.odt

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

          CRIMINAL APPLICATION (APL) NO. 177 OF 2020

     Ritesh s/o Subhash Warhekar            : PETITIONER
     Aged about 29 years, Occupation : nil,
     resident of Gram Sevak Colony,
     Daryapur Road, Murtizapur, District :
     Akola

                                      VS.

 1. The State of Maharashtra, through its
    Police Station Officer, Police Station,
    Borgaon Manju, tahsil and district :     :
    Akola
 2. Ku. Sonali Devidas Bagde,                  RESPONDENTS
    aged about 25 years,
    occupation : Service,
    resident of at and post Kanshivni tahsil
    and district : Akola

Mr. B.M. Kharkate, Advocate for the petitioner
Ms. Mrunal Barabde, APP for the non-applicant No.1 / State
Mrs. Shilpa Giratkar, Advocate for the non-applicant No.2


                             CORAM:         V.M. DESHPANDE AND
                                            G.A. SANAP, JJ.

DATE : 4th JANUARY 2022

ORAL JUDGMENT : (Per : V.M.DESHPANDE, J.)

1. Rule. Rule is made returnable forthwith. Heard finally

by consent of the parties.

2. By filing this present application under Section 482 of

the Code of Criminal Procedure, the applicant is praying for 2 26-apl-177-2020.odt

quashing of the charge-sheet No.147/2019 dated 20/12/2019

arising out of Crime No.244/2019, registered with Police Station

Borgaon Manju, District Akola for the offences punishable under

Sections 376(2)(n), 417 and 506 of the Indian Penal Code.

3. It is the submission of the learned counsel for the

applicant that if the telephonic conversation is perused, then in that

event, it is clear that the applicant cannot be held guilty for the

offence punishable under Section 376 of the Indian Penal Code.

4. We are afraid to accept this submission in view of

specific allegations made by the victim / non-applicant No.2 in the

First Information Report, wherein she has very specifically stated

that the present applicant has established sexual relations with her

against her will. Whether the sex was consensual or not is a matter

of trial and it cannot be decided in the application under Section 482

of the Code of Criminal Procedure. Hence, no case is made out.

5. Writ petition is dismissed. No costs.

Rule is discharged.

                    JUDGE                              JUDGE
                                                        Digitally signed by:MILIND
                                                        P DESHPANDE
                                                        Signing Date:05.01.2022
                                                        15:16
MP Deshpande