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2021 Supreme(Bom) 364

SUNIL P.DESHMUKH, NITIN B.SURYAWANSHI
Babasaheb S/o. Bhimrao Mogle – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. S.G. Chapalgaonkar h/f. Mr. R.B. Ade.
For the Respondent:Mr. M.M. Nerlikar, Advocate, Mr. A.V. Patil.

JUDGMENT :

NITIN B. SURYAWANSHI, J.

1. This application filed under Section 482 of the Code of Criminal Procedure, seeks quashing of RCC No. 626/2020, pending before the trial Court at Parbhani, which arises out of FIR at Crime No. 185/2020, registered with New Mondha Police Station, Parbhani, for the offence punishable under Section 376 of the Indian Penal Code.

2. Rule. Rule is made returnable forthwith. By the consent of the parties, the matter is heard finally at admission stage.

3. In the FIR in question, the respondent No. 2 - victim has in short alleged that she and the applicant belong to the same caste and they got acquainted with each other. Prior to 2015, when the applicant was serving at Aurangabad they had friendly relations and used to talk on mobile. In the year 2015 – 2016, victim was preparing for competitive examinations and used to go to Vision Classes and Kalyan Mandapwala’s Government Library, Parbhani. At that time, the applicant used to come there for studies. Their friendship, therefore, continued. After the selection of the applicant as a clerk in Mantralaya, Mumbai, in the year 2016, he went to Mumbai. They were in constant touch on phone. The applicant used t

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