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2022 Supreme(Bom) 1379

DIPANKAR DATTA, AMIT B.BORKAR
Shrikant – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
S. V. Sirpurkar, Advocate, S. M. Ghodeswar, Advocate, C. A. Joshi, Advocate

JUDGMENT

amit B. Borkar, J. - Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

3. By this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'CrPC' for short), the applicant is challenging the registration of the first information report bearing Crime No. 161/2019 registered with the non-applicant no. 1-Police Station for the offence under Section 376(2)(n) of the Indian Penal Code, 1860 (hereinafter "IPC" for short).

4. In order to consider the grievance of the applicant, it would be necessary to advert to contents of the first information report. The first information report was lodged by the non-applicant no. 2 on 06.04.2019, which states that in the year 2015-16 the applicant's sister got acquainted with her while getting training in Nursing. On 05.08.2017, which was her birthday, the applicant expressed his willingness to marry her. The applicant also sent a Facebook friend request to her, which was accepted by her resulting in a friendship with him. In the month of June-2018, both exchanged their cell phone numbers. In July-2018, the applicant came to her house and expressed his willingness to marry her in fr

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