Aniket Arun Jadhav vs State Of Maharashtra And Anr
2024 Latest Caselaw 14242 Bom

Bombay High Court

Aniket Arun Jadhav vs State Of Maharashtra And Anr on 6 May, 2024

Author: N. R. Borkar

Bench: N. R. Borkar

2024:BHC-AS:21110

                                                                                          35-WP-886-2024.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL WRIT PETITION NO. 886 OF 2024

                         Aniket Arun Jadhav                                       ...Petitioner
                               Versus
                         State of Maharashtra And Anr.                            ...Respondents
                                                                  ....
                         Mr.Manish Gaikwad a/w Mr.Mohammed Naved I. Mulla, Advocate for
                         the Petitioner.
                         Mrs.Megha S. Bajoria, A.P.P. for the Respondent No.1- State.

                                                                  ....


                                                   CORAM    :        N. R. BORKAR, J.

                                                   DATE     :        6th MAY, 2024.

                         P.C.:

1. This Petition takes exception to the order dated 12.10.2023

in Regular Criminal Case No.51 of 2023 by which the trial Court

has framed the charges against the Petitioner for the offences

punishable under Sections 354, 354-A & 506 of Indian Penal Code

(for short "IPC").

2. The learned counsel for Petitioner submits that the Petitioner

and victim were in amorous relationship. It is submitted that the

victim is a relative of one Shreyas Mohire against whom the

petitioner has lodged the report for assault etc. The present case is

thus nothing but a counterblast to the FIR lodged by the Petitioner. Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR It is submitted that to avoid an abuse of process of law, JAMADAR Date:

2024.05.07 14:20:10 +0530 Sajakali Jamadar 1 of 2

35-WP-886-2024.doc

order impugned needs to be quashed and set aside. In support of

his submissions, the learned counsel for the Petitioner has relied

upon the Judgment of the Hon'ble Supreme Court dated

07.05.2021 in Criminal Appeal No.472 of 2021.

3. I have perused the FIR. The victim has stated that on the

date of incident, which took place on 04.04.2023, the present

petitioner came to her house, he caught hold of her hand and

demanded sexual fevour. She has further alleged that when she

refused to accede to his demand, she was threatened. The trial

Court has thus rightly framed the charges against the Petitioner for

the offences punishable under Sections 354, 354-A & 506 of IPC.

The defence of the petitioner that they were in relationship or filing

of false case cannot be considered at this stage.

4. In view of the above, no interference is called for in the

impugned order. Writ Petition is dismissed.

                                                     (N. R. BORKAR, J.)




 Sajakali Jamadar                  2 of 2