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2024 Supreme(Online)(Bom) 1776

HIGH COURT OF BOMBAY
M. S. KARNIK, J
MAHESH PANJABRAO ANDHALE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent


Advocates:
Adv. A.R. Avachat a/w Adv. Siddhant Deshpande and Adv. Vijay Babar for the Applicant. Adv. Hrishikesh S. Shinde for Respondent No.2. Mr. A.R. Patil, APP for the State.

ORAL JUDGMENT:

1. Heard learned counsel for the applicant, learned APP for the state and learned counsel for respondent No.2 who is appointed through legal aid.

2. This Revision Application is filed by the applicant to quash and set aside the order dated 09/02/2021 passed by the trial court rejecting the discharge application preferred by the applicant in Special Case Child Protection No. 82/2019.

3. On 30/11/2018, the First Information Report No. 347 of 2018 came to be lodged against six accused persons with Faraskhana Police Station, Pune, for the offences punishable under sections 188, 376, 344, 366B , 370A(2), 372 , 373 read with 34 of the Indian Penal Code and Sections 3, 4, 5 , 6 of the Immoral Traffic (Prevention) Act, 1956 , (hereafter referred to as “PITA Act”). Later on, offences punishable under Section 14 of the Foreigners Act, 1946 and Sections 3 and 6 of the Foreigners Order, 1998 , came to be added.

4. It is the case of the prosecution that the premises that belong to the applicant was used as a brothel and hence the applicant is charged for the offence punishable under section 3 of the PITA Act along with the other offences. The premises which comprise the flat was let

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