Anna Maruti Shinde vs State Of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Bom) 612

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, DR. NEELA GOKHALE, JJ
Anna Maruti Shinde – Appellant
Versus
State Of Maharashtra – Respondent

Advocates Appeared:
Mr. Amit Katarnaware a/w Ms. Pooja Dongare and Mr. Aditya Katarnaware for the Petitioner
Mr. Amit Desai, Sr. Advocate/Spl. P.P a/w Mr. Hiten S. Venegavkar, P.P and Mrs. P. P. Shinde, A.P.P for the RespondentState
Mrs. Manjula Rao, Sr. Advocate, as an amicus curiae a/w Mr. Kunal J. Rane, Mr. Rohan Deshmukh, Mr. Pratik Deomore and
Ms. Latika Chitre

ORDER :

(Per Revati Mohite Dere, J.) :

1 The genesis giving rise to the present petition was an alleged case of sexual abuse of two, four-year-old girls at a prominent co-educational school in Badlapur, Thane in September 2024. The petitioner’s son, now deceased-Akshay Shinde was accused of the aforesaid offence and a crime bearing C.R. No.380/2024 was registered against him with the Badlapur (East) Police Station, Thane, alleging offences punishable under Sections 65(2), 74, 75 , 76 of the Bharatiya Nyaya Sanhita (` BNS ’) along with Sections 4(2) , 8 and 10 of the Protection of Children From Sexual Offences Act, 2012 (‘POCSO’) Act. Akshay Shinde was arrested on 17^th August 2024 and was in judicial custody in Taloja Central Jail in the said C.R. C.R. No.391/2024 was also registered against him under Sections 65(2), 74, 75 , 76 of the BNS along with Sections 4(2), 8 , 10 and 21(2) of the POCSO Act. Thus, two separate C.Rs were registered against Akshay Shinde for the two incidents that took place in the school. Both, the said CRs were transferred from Badlapur (East) Police Station to the Crime Branch, Thane on 7^th September 2024. Later, another C.R., being C.R. No.409/2024 was regis