2026:BHC-NAG:763-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 755 OF 2025

1. Anil s/o Vasudeo Dhote Aged about 51 years, Occupation : Agriculturist, R/o Amanatpur, Takoda, Tah. and Dist. Akola APPLICANT // V E R S U S //

1. State of Maharashtra, Through its Police Station Officer, Police Station Dabki Road, Akola, Tah. and Dist. Akola

2. XYZ (Victim in Crime No.08/2025), Registered with Police Station Dabki Road, Akola Tah. and District Akola NON-APPLICANTS -------------------------------------------------------------------------------------------

Ms V.R. Deshpande, Advocate for the applicant.

Mr. H.D. Dubey, APP for non-applicant No.1/State.

Mr. S.C. Sirsat, Advocate for non-applicant No.2.

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CORAM : URMILA JOSHI PHALKE, J.

DATED : 16 .01.2026 O R A L J U D G M E N T :

1. Heard.

2. ADMIT. Taken up for final disposal with the consent of learned counsel for the parties.

3. The present application is preferred by the applicant under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short, ‘BNS’) for quashing of the First Information Report in connection with crime No.08/2025 registered at Police Station Dabki Road District Akola for the offences punishable under Sections 64, 351(2) of the Bharatiya Nyaya Sanhita, 2023 and under Section 3(1)(w)(i), 3(1)(w) (ii), 2(2) and 3(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)

Act, 1989 and charge sheet bearing No.29/2025.

4. The crime is registered on the basis of the report lodged by the informant on an allegation that she was acquainted with the present applicant as once she met him. On 04.01.2025 when she was standing and waiting for convenience at that time present applicant approached to her and disclosed to her that he will drop her at Amanatpur phata but he has not taken her at the Amanatpu rphata and taken her in agricultural field at Takli and subjected her for the forceful sexual assault. On the basis of the said report police have registered the crime against the applicant.

5. Heard learned counsel for the applicants who submitted that as family members of the informant and present applicant belongs to two different political parties and therefore, out of political rivalry he is implicated in the alleged offence. He further submitted that story narrated by the victim itself is improbable, unacceptable and liable to be discarded at the prima- facie itself. He invited my attention towards spot panchanama as well as statement of daughter of the victim and submitted that the recitals of the FIR of the informant that only once she met with the present applicant itself falsified by the statement of the daughter of the victim who stated that present applicant used to visit the house to collect the tiffin for the grand parents and therefore, she was also acquainted with the present applicant. Thus, he submitted that recitals of the FIR that only once she met present applicant itself is falsified by the statement of the daughter of the victim. He further invited my attention towards the medical certificate and submitted that though alleged incident has taken place in agricultural field, spot panchanama nowhere shows any marks as to the incident in the agricultural field. No any injury found on the person of the victim. FIR lodged after five days of the incident, for which, no explanation is put forth. Sufficiently shows the false implication of the present applicant and delayed FIR is not explained at all. For all above these grounds, the application be deserves to be allowed.

6. Per contra, learned APP strongly opposed for the same and submitted that the statement of the victim at this stage sufficient to attract the offence. There is nothing on record to show that there was political rivalry and out of political rivalry the applicant is implicated in the alleged offence.

7. Learned counsel for the victim reiterated the