PRAKASH S/O. VITTHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed invoking the inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure for quashing the First Information Report vide C.R. No. 0234 of 2022 registered on 26/6/2022 with Bhokar Police Station, District Nanded and by way of amendment for quashing the proceeding in Special Case No. 20 of 2022 pending before the learned Special Judge under the Atrocities Act/ learned Additional Sessions Judge, Bhokar, District Nanded, for the offences punishable under Ss. 452,354,294,323,504 read with Sec. 34 of the Indian Penal Code and Ss. 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(1)(w)(ii) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

(2.) Heard the learned Advocate for the applicants, and the learned A.P.P. for Respondent No.1/State. The learned Advocate for respondent No.2 is absent. In order to cut shot, it can be stated that they have argued in support of their respective contentions.

(3.) The only point which has been stressed on behalf of the applicants is that prior to the impugned First Information Report, on behalf of the applicants First Information Report vide Crime No. 100 of 2022 was registered with the same police station on 21/3/2022 against the informant and family under Sec. 363 read with Sec. 34 of the Indian Penal Code to which later on Sec. 376 of the Indian Penal Code and offence under the provisions of Ss. 4 and 8 of Protection of Children from Sexual Offences (POSCO) Act have been added.