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BOMBAY HIGH COURT GRANTS STAY TO FURTHER PROCEEDINGS RELATING TO CASE UNDER SECTION 376 OF IPC

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The Nagpur Bench of Bombay High Court, comprising of Hon’ble Justice
Manish Pitale and G.A Sanap JJ, granted stay to the further proceedings
pending before the Hon’ble Additional Sessions Judge, at Khamgaon,
Buldhana.
The Applicant Vaibhav Sadashiv Torkhade against whom the offences
under Sections 376 (2) (N), 313, 120-b, 504,506 R/W Section 34 of I.P.C
and Section 3(1)(r)(s)(w), 3(2)(r)(s) of Scheduled Tribes Prevention of
Atrocities Act, 1989 came to be registered, contended that initially in all the
FIR was registered against nine accused. However, after investigation, the
Investigating officer’s finding no. incriminating material against the rest of
the accused except the Applicant Vaibhav  Torkhade, filed a charge sheet
against the present applicant only.
The counsel Adv. Ishwar S. Charlewar contended before the court
that on the face of it, the FIR appears to be false.
The victim/First informant suo moto appeared before the court
through her counsel Adv. V.R. Borkar and submitted on instruction that the
victim is ready to file an affidavit in order to give consent for quashing of
FIR.
In view of the proposed affidavit to be filed by the Respondent/
victim, the court by way of interim relief stayed the further proceedings

pending before the Hon’ble Additional Sessions Judge, at Khamgaon,
Buldhana.
Adv Ishwar S. Charlewar appeared for Petitioner. Mr. SS Doifode APP,
appeared on behalf of Respondent No. 1 (state) and Mr. V.R Borkar APP
appeared on behalf of Respondent No. 2 (Victim).

 

 

(Read order)

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