DEEPAK SHIVAJI BIDKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Petition is filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, seeking quashing of Sessions Case No. 20 of 2022, pending before the 4 th District and Additional Sessions Judge, Khed, Pune, arising out of C. R.No. 90/2021 dtd. 12/4/2021 registered with Ghodegaon Police Station (Pune Rural) for an offence punishable under Sec. 376, 376(2)(n), 506 read with Sec. 34 of the Indian Penal Code.

(2.) Present Petition was admitted by an Order dated 8 th August 2023 and interim relief in terms of prayer clause (b)(i) was granted. Pursuant to which there was stay to the proceedings of Sessions Case No.20 of 2022 pending before the 4th District Judge & Additional Sessions Judge, Khed, Pune.

(3.) It is alleged in the First Information Report (FIR) by the informant that, she was working in S. M. Joshi Residential School, Naroli, so also, her husband was working as a teacher in the said school. In the year 2011, Petitioner No.1 was Headmaster of the School. On 20 th April 2011, though it was a public holiday, yet Petitioner No.1 called informant to school, under a false pretext. As informant went to the school, Petitioner No.1 took her to a room in the school and committed rape on her. It is further alleged that, Petitioner No.1 threatened informant that, since he was the Headmaster, he would remove informant from the employment of the School. It is also alleged that, after the said incident, Petitioner No.1 repeatedly committed rape on informant. The FIR further mentions that, the informant narrated this fact to her husband. In turn, the husband of informant informed the Management of the school about the offence committed by the Headmaster.