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2014 Supreme(Bom) 1754

B.R.GAVAI, V.M.DESHPANDE
Amit Kumar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant:A.M. Jaltare, Advocate.
For the Respondents:R1, N.S. Khubalkar, APP, R2, H.B. Futane, Advocate.

Judgment :

B.R. Gavai, J.

1. Rule is made returnable forthwith. Heard the learned counsel for the parties finally by consent.

2. The applicant has approached this Court for quashing the FIR bearing No. 207 of 2014 for the offence punishable under Sections 328, 294, 507, 506(B) and 376(1) of the Indian Penal Code.

3. The applicant and Respondent No. 2 are both students of different Engineering Colleges in the city of Nagpur. Both, the applicant as also Respondent No. 2 are residents of different States. The applicant is the resident of Bihar whereas Respondent No. 2 is the resident of Madhya Pradesh.

4. The FIR came to be lodged by Respondent No. 2 stating therein that when she was returning in a train from her native place, the applicant started talks with her and tried to develop intimacy with her and took her mobile number. It is further stated that thereafter they started meeting each other. It is further stated that one night in November 2013, she had gone to the residence of Amit and took dinner at his rented room. Thereafter she felt dizzy and on the next day when she woke up, she found that something has happened with her. She has further stated that the applicant has infor











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