HARIDAS DEVIDAS AKOTKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties. The petitioner-accused in Summary Criminal Case No. 789/2005 pending on the file of J.M.F.C, Khamgaon prays for quashing and setting aside part of the order dated 09.06.2010 accusing petitioner amongst other of having committed an offence under Section 354 of the I.P.C. as well as the order dated 14.03.2012 passed by the Court of Session rejecting prayer made in Criminal Revision Application No. 61/2010 for deletion of such accusation against petitioner.

(2.) Mr. Paliwal, learned counsel for the petitioner, submitted that upon the FIR lodged by first informant Rupali for commission of offences under section 448, 354, 509 of the I.P.C. in the incident which had allegedly occurred on 20.06.2005 with Khamgaon Police Station, Crime No. 140 of 2005 was registered and investigated by said Police Station. The said Police Station charge-sheeted the petitioner for commission of such offences. Mr. Paliwal further submitted that the trial Court, after considering the police papers, framed accusation of commission of an offence under section 448, 354, 509 of the I.P.C. against the petitioner.

(3.) Mr. Paliwal, learned counsel further submitted that accusation framed for an offence under Section 354 therein runs to the effect: