Ajay Rameshchnadra Nagwani and 3 Others v. State of Mah. Thr. Pso Ps Karanja City Tq.Karanja Dist.Washim and Another

Bombay HC18 Jun 2024APL/576/2024

Case brief

AI extract

What is this about?

Interim notice order in an application to quash FIR No. 189/2024 alleging sexual exploitation on promise of marriage and caste-atrocity offences. The Court issued notice returnable on 18.06.2024, waived notice for the State, allowed investigation to continue but directed that no charge-sheet be filed against the applicants without leave of this Court. Decides nothing of general application.

What did the court decide?

Notice ordered to non-applicants; investigation permitted but filing of charge-sheet against applicants stayed pending leave of the Court.

Ajay Rameshchnadra Nagwani and 3 Others vs State of Mah… — Caste Atrocities | Bombay HC (2024)

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1 / 2 905.apl576.2024

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

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CRIMINAL APPLICATION (APL) NO. 576 OF 2024

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Ajay Rameshchandra Nagwani and Ors. Vs.

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State of Maharashtra, Thru. PSO, PS Karanja City, Tq. Karanja City, Dist. Washim and anr.

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. S.V. Sirpurkar, Advocate for applicants.

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Ms. Trupti Udeshi, APP for non-applicant No.1.

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CORAM : VINAY JOSHI, AND SMT.VRUSHALI V.JOSHI, JJ. DATE : 17.04.2024

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Heard.

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This is an application seeking to quash First Information Report in Crime No.189/2024 registered with Police Station Karanja City, District – Washim, for the offence punishable under Sections 376(2)(n), 417, 323, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3(1)(w), 3(1) (w)(i), 3(1)(w)(ii) and 3(2)(va) of the Scheduled Tribe and Scheduled Tribes (Prevention of Atrocities) Act.

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The informant lady is 36 years was a divorcee. She alleges that the applicant No.1, who is

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Prity

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2 / 2 905.apl576.2024

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married fellow had established sexual relations with her under promise to marry. She stated that on several occasions applicant No.1 had sexually exploited her by giving assurances of marriage. The rest of the applicants abused her assisted by applicant No.1.

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It is submitted that at the most it is a case of consensual relationship. The applicant would submit that the informant was threatening him for extraneous reasons. Already, the applicant had filed NC report on earlier day specifically stating that the informant gave threats to be involved in a false crime.

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Issue notice to the non-applicants, returnable on 18.06.2024 .

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Ms. Udeshi, learned APP waives service of notice on behalf of non-applicant No.1/State.

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In the meantime, investigation shall go on, but the charge-sheet shall not be filed against the applicants without obtaining leave of this Court.

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(SMT. VRUSHALI V. JOSHI, J) (VINAY JOSHI, J)

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Signed by: Mrs. Prity Gabhane Prity Designation: PA To Honourable Judge Date: 18/04/2024 15:33:47

Ajay Rameshchnadra Nagwani and 3 Others v. State of Mah. Thr. Pso Ps Karanja City Tq.Karanja Dist.Washim and Another

Case brief

What is this about?

What did the court decide?

Ajay Rameshchnadra Nagwani and 3 Others v. State of Mah. Thr. Pso Ps Karanja City Tq.Karanja Dist.Washim and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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