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2018 Supreme(Bom) 1013

PRASANNA B.VARALE, VIBHA KANKANWADI
Ashok Dhondiba Kale – Appellant
Versus
State of Maharashtra, Through the Investigation Officer, Police Station Sailu – Respondent


Advocates Appeared:
For the Applicant :Mr. M. P. Tripathi, Advocate
For the Respondent:Mr. S. D. Ghayal, Addl. Public Prosecutor, Mr. P. B. Gapat, Advocate, Mr. N. S. Kadam, Advocate

JUDGMENT :

Vibha Kankanwadi, J.

1. By this criminal application under Section 482 of Criminal Procedure Code, the petitioner is seeking quashment of the first information report and the proceedings in Special Sessions Case No. 32 of 2014 pending before Sessions Court, Parbhani.

2. The respondent No. 2 is a resident of Sailu. Respondent No. 3 is his daughter. Respondent No. 2 had lodged report with Sailu Police Station, Tq. Sailu, Dist. Parbhani regarding missing of the respondent No. 3 on 4.7.2013. It was contended in the said report that the daughter is missing since 9 AM of 3.7.2013. The daughter had left the house under the pretext to go to school. However, did not return. Thereafter, the informant respondent No. 2 had gone to Pune on 8.8.2013 and he received the information that the present applicant accused had taken respondent No. 3 at Pune. Respondent No. 2 had talked with the applicant on mobile. But, thereafter the informant lodged the report saying that the applicant has taken away his minor daughter on the false assurance of marriage. The said report came to be registered as CR No. 117/2013 for the offences punishable under Sections 363, 366A of Indian Penal Code during the


















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