AYYUB BABU SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present petition has been filed by the original accused by invoking the powers of this Court under Articles 226 and 227 of the Constitution of India and inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the First Information Report bearing Crime No.84/2018 dated 12.03.2018 registered with Sangamner City Police Station, Dist. Ahmednagar for the offence punishable under Section 354(A), 345(d), 504, 506 of the Indian Penal Code and Section 8 of Prevention of Children from Sexual Offence Act, 2012.

(2.) Respondent No.2, the minor, aged 16 years had filed the First Information Report. She has contended that she resides with her parents, two sisters and a brother. One Sajid Rashid Baig resides with his grand parents in village Kuran. Eight months prior to 12.03.2018 Sajid was chasing her and her sister Muskan when they used to go to school.

(3.) The petitioner has contended that he had successfully passed the examination conducted by Maharashtra Public Service Commission for the post of Civil Judge Junior Division and Judicial Magistrate First Class in the year 2009, thereafter, he entered the service for the said post and has unblemished service record. There are no criminal antecedents against him. Presently he is posted as Civil Judge Junior Division and Judicial Magistrate First Class. He had opted for promotion to the post of Senior Civil Judge by accelerated promotion. At the relevant time he had been to Bombay to appear for his Viva-voce for the said promotion in the office of Registrar General, High Court of Judicature at Bombay. He returned to his place on posting at Aurangabad on 07.03.2018. He says that Sajid is his nephew who is studying in 12th standard and pursuing his studies at Dr. D.A. Ohra, Junior College, Sangamner. He was appearing for the HSC examination. However, on 04.03.2018 one Riyaj Shaikh, Fayaj Shaikh, Farukh Shaikh, Shabana Shaikh had assaulted him and had taken away his valuable articles and therefore, he had lodged First Information Report vide Crime No.81/2018 on 08.03.2018 for the offence punishable under Section 394, 341, 504, 506 r.w. 34 of IPC.