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2022 Supreme(SC) 1111

AJAY RASTOGI, C. T. RAVIKUMAR
State of Maharashtra – Appellant
Versus
Maroti S/o Kashinath Pimpalkar – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sanjay Kharde, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR
For the Respondent(s): Mr. Sachin Shanmukham Pujari, AOR

JUDGMENT :

C.T. RAVIKUMAR, J.

1. Leave granted.

2. This Court in Shalu Ojha vs. Prashant Ojha, (2015) 2 SCC 99, observed:

    “this is an unfortunate case where the provisions of the Protection of Women from Domestic Violence Act, 2005 are rendered simply a pious hope of the Parliament and a teasing illusion for the appellant.” Even while, borrowing those words, we may say, we are not peeved, but certainly pained, as a legitimate prosecution under another Act viz. the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”), has been throttled at the threshold by the exercise of power under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) without permitting the materials in support to it to see the light of the day in respect of misprision of sexual assault against minor tribal girls in a girls’ hostel. As per the impugned judgment, the High Court of Judicature at Bombay, Nagpur Bench in Criminal Application (APL) No. 841 of 2019 dated 20.04.2021 quashed FIR No. 185 of 2019 dated 12.04.2019 of Rajura Police Station and the final report filed thereon under Section 173(2), Cr.P.C. qua the Respondent. The raison d'etre for the said opening remark


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