LAWS(BOM)-2021-6-56

SHIRLEY Vs. STATE OF MAHARASHTRA

Decided On June 08, 2021
Shirley Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard.

(2.) RULE. Rule made returnable forthwith.

(3.) The petitioner has filed present petition alleging that in September 2019, the petitioner got acquainted with one Mohamad Irshad Iqbal Mirza through social network. It is alleged that said Mohamad Irshad called the petitioner at his home and raped her by administered stupefying drug and took her nude photographs. It is alleged that on 09/11/2019, the petitioner was forced to marry with Mohamad Irshad under threat of publishing her nude photographs and video. It is alleged that thereafter Mohamad Irshad physically and sexually exploited the petitioner. It is alleged that on 08/04/2020, Mohamad Irshad took the petitioner to the office of one Advocate and made her to sign the deed of divorce dated 23/03/2020. It is alleged that on 13/01/2021, Mohamad Irshad again committed rape of the petitioner against her will and without her consent. It is alleged that the petitioner therefore became pregnant. It is alleged that due to constant abuse and threats, the petitioner alongwith mother went to lodge FIR against Mohamad Irshad on 26/04/2011 but the respondent no. 2 - Police Station Officer refused to register the first information report. It is alleged that the petitioner alongwith mother went to the respondent no. 2 - Police Station again on 28/04/2021 but the Police Officers did not acknowledge the receipt of the complaint of the petitioner. It is alleged that therefore the petitioner on the same day submitted copy of the complaint dated 28/04/2021 to the Office of Police Commissioner, Nagpur. Since the respondents refused to register the crime against Mohamad Irshad, the petitioner filed the present petition. The petitioner has prayed for the following reliefs: -