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2023 Supreme(Bom) 1959

BHARATI DANGRE
Vishwas Bajirao Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Ashok Mundargi, Advocate, Satyam Nimbalkar, Advocate, Ashish R. Kachole, Advocate, S.R. Agarkar, Advocate

JUDGMENT/ORDER

1. The present petition is filed by the petitioner invoking Sec. 482 of Code of Criminal Procedure for quashing and setting aside the order dtd. 14/9/2018 passed by the Addl. Sessions Judge, Pune, thereby rejecting the discharge application filed by him in Special Case No.198/2018, where he faces a charge of Sec. 376, 354, 354A, 323, 324, 504, 506 of the IPC. The impugned order has refused the discharge on the ground that there is sufficient material which would justify the prosecution against the petitioner by subjecting him to trial.

2. Heard learned Senior counsel Mr.Mundargi i/b Satyam Nimbalkar for the petitioner and learned APP Mr.S.R. Agarkar, for the State. The background facts in which the relief is sought, would reveal that the complainant, a lady aged 60 years, filed a private complaint before the JMFC, Pune, in the year 2015 and she sought invocation of offences punishable u/s.354, 509, 420, 504, 506 IPC. Pursuant to an order passed u/s.156(3) by the JMFC, the police recorded an additional statement of the complainant and thereafter, Sec. 376 and 354A was invoked in a C.R. registered with Kothrud Police Station vide C.R. No.290/2016 and on completion of inv

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