Bombay High Court
Dr Maroti S/O Kashinath Pimpalkar vs State Of Mah., Thr. Pso P S Rajura Dist ... on 27 April, 2021
Author: Amit B. Borkar
Bench: Z.A. Haq, Amit B. Borkar
1 1-apl-841-19d.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 841 OF 2019 (D)
Dr. Maroti S/o. Kashinath Pimpalkar
Vs.
State of Mah. through P.S.O., P.S. Rajura, Dist. Chandrapur and
another
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri R. S. Khemuka, Advocate for applicant.
Shri T. A. Mirza, A.P. P. for non-applicants/State.
CORAM :- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 27.04.2021
Heard.
2. After the judgment came to be signed and uploaded, it is noticed that some inadvertent error has occurred in paragraph no. 11 i.e. operative part of the judgment, which according to us is required to be corrected. Hence, we directed the office to list the matter for order and accordingly it is listed today.
3. Criminal Application No. 841/2019 came to be filed by the applicant-accused praying that First Information Report No. 185/2019 registered against him and the consequent charge-sheet filed against him be quashed.
4. By judgment dated 20.04.2021, we allowed the Criminal Application. However, in paragraph no. 11 of the judgment i.e. in operative part, it remains to be ::: Uploaded on - 27/04/2021 ::: Downloaded on - 09/09/2021 01:57:40 ::: 2 1-apl-841-19d.odt clarified that the First Information Report no. 185/2019 registered with the non-applicant no. 1-Police Station and the charge-sheet no. 43/2019 filed against the applicant is quashed only against the applicant. Though, it is obvious that the relief is granted only to the applicant - Dr. Maroti Kashinath Pimpalkar. However, for clarification we direct that appropriate correction be carried out in paragraph no. 11 of the judgment as under :-
"11. We, therefore, pass the following order :-
The First Information Report No.185/2019 dated 12.04.2019 and charge-sheet No. 43/2019 dated 08.06.2019 registered with the non-applicant No. 1-
Police Station for the offence under Sections 376A, B of the Indian Penal Code and Section 4, 6 of the Protection of Children from Sexual Offences Act, 2012, Section 3(1)(w), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 are quashed and set aside as far as against the applicant- Dr. Maroti Kashinath Pimpalkar only.
Rule is made absolute in the above terms."
5. The corrected copy of the judgment be uploaded and sent to the parties without any charges.
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6. The non-applicants- State of Maharashtra, Crime Investigation Department and the Trial Court shall proceed with the matter against the other accused as per law.
7. The copy of this order shall also be sent to the parties and the Trial Court immediately.
8. Shri T. A. Mirza, learned A.P.P. shall intimate this order to the non-applicants and the Trial Court.
JUDGE JUDGE
RR Jaiswal
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