960-CWP-30-2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 960 CRIMINAL WRIT PETITION NO. 30 OF 2024 Vidya Madhukar Bhavsar VERSUS The State Of Maharashtra And Another Mr. H. P. Randhir, Advocate for the Petitioner Mrs. R. P. Gour, APP for Respondent No. 1/State Mr. J. S. Jain, Advocate for Respondent No. 2 (appointed) CORAM :R.M. JOSHI, J DATE :SEPTEMBER 08, 2026 P. C. : 1. By this Petition, Petitioner seeks quashment of the FIR No. 154/2021 registered with Police Station Ramanand Nagar, District Jalgaon for the offences punishable under Sections 376, 323, 504, 506 read with Section 34 of the Indian Penal Code and Sections 12 and 18 of the Protection of Children from Sexual Offences Act (for short ‘POCSO Act’) and charge-sheet no. 35/2021 dated 26.07.2021 in Special Case No. 91/2021. 2. First informant/victim aged about 20 years who alleged against her stepfather of he sexually abusing her. The first information report indicates that on her 18th birthday, she was subjected to forcible sexual relation by her stepfather. It is claimed that this was disclosed to present Petitioner, who is grandmother of the victim. She, however, fails to take any action. 2026:BHC-AUG:41530-DB 960-CWP-30-2024.odt 3. Learned Counsel for the Petitioner submits that the provisions of POCSO Act qua present Petitioner has no application. It is his submission that it is not the case of the Informant/victim that at any point of time during her minority she has disclosed about any act being done against her by her stepfather. It is his submission that in view of this, provisions of Section 19 of the POCSO Act has no application to the present case. 4. Learned APP and learned Counsel for Respondent No. 2 though opposed grant of any relief to the Petitioner, however, on facts they were unable to point out anything to indicate that during minority of the victim any incident is reported. 5. Section 19 of the POCSO Act makes it an offence wherein any person who has knowledge or apprehension that a child sexual abuse offense has been or is likely to be committed must report it immediately to the authorities mentioned therein. In so far as present Petitioner is concerned, there is no case sought to be made out by the prosecution with regard to anything informed to her by the Informant during her minority. Thus, this Court find substance in the contention of learned Counsel for the Petitioner that Section 19 of POCSO Act has no application to the present case. As such, Petitioner cannot be compelled to undergo rigors of the criminal trial. 960-CWP-30-2024.odt 6. In view of above, Petition stands allowed in terms of prayer clause ‘B’. 7. Fees of appointed Counsel for Respondent No. 2 is quantified @ Rs.10,000/- to be paid by High Court Legal Aid Services Sub-Committee, Aurangabad. (R. M. JOSHI, J.) Malani