NILESH SHRIKRISHNA THAKRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Vishwanath Patil, learned counsel for the applicant, Ms. Sangita Phad learned AGP for respondent No.1-State and Mr.Kuldeep Nikam, learned counsel for respondent No.2.

(2.) By this application filed under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the applicant (accused) is praying for quashing of FIR and charge-sheet, concerning offences under Sec. 354 of the Indian Penal Code, 1860 (IPC), Ss. 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sec. 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which has been wrongly recorded in the FIR as the Act of the year 2000.

(3.) Respondent No.2 is the first informant and he is the father of the alleged victim. As per the statement dtd. 23/7/2020 of the respondent No.2, which led to registration of the FIR, the applicant being the maternal uncle of the victim, indulged in acts leading to the aforesaid offences being registered. It is to be noted that the wife of the applicant is also shown as an accused in the FIR although she is not an applicant in this application.