925-APPLN-97-2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 925 CRIMINAL APPLICATION NO. 97 OF 2024 Sagar S/o Ramdas Sapkal Versus The State Of Maharashtra Thr Police Station M.i.d.c Waluj & Anr Mr. B. S. Doifode, Advocate for Applicant Mr. S. B. Jadhav, APP for Respondent No. 1 Mr. A. D. Raut, Advocate for Respondent No. 2 CORAM :R.M. JOSHI, J DATE :SEPTEMBER 11, 2026 P. C. : 1. This Application, under Section 482 of the Code of Criminal Procedure, seeks quashment of the FIR No. 639/2023 registered with MIDC Waluj Police Station, District Aurangabad for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act (for short ‘POCSO Act’) and subsequent charge-sheet dated 25.09.2023 filed in Special Case No. 390/2023. 2. In short, it is the case of the prosecution that on 29.07.2023 report came to be lodged with concerned police station since the minor daughter of the informant was not found at home. On the next day, girl came back. From her statement, it was revealed that present Applicant kidnapped her. On the basis of said statement recorded before the police, 2026:BHC-AUG:42092-DB 925-APPLN-97-2024.odt offence came to be registered against present Applicant. On conclusion of investigation, charge-sheet has been filed. 3. Learned APP informs the Court that charge has already been framed against present Applicant on 25.02.2025. 4. Learned Counsel for the Applicant submits that the material collected during the course of investigation does not support the allegations against present Applicant of committing offence under Sections 363, 366(A) of the Indian Penal Code and Section 12 of the POCSO Act. He drew attention of the Court to the statement of victim recorded before the Magistrate so also statement of her father. According to him, there are inconsistencies in the statement of these two witnesses and which he claims that it becomes a ground for allowing the application. To support this submissions, he placed reliance on the judgment of Calcutta High Court in case of Panchananda Jana vs. The State of West Bengal and Ors, MANU/WB/1817/2025. He referred to the observations made therein, more particularly, paragraph 29. 5. Learned APP and learned Counsel for Respondent No. 2/Informant opposed application. It is their contention that it is not open for this Court to appreciate evidence at this stage. According to them, statement of victim girl is sufficient to attract offences charged against Applicant. Page 2 of 5 925-APPLN-97-2024.odt 6. The position of law with regard to exercise of extraordinary jurisdiction under Section 482 of the Code of Criminal Procedure is fairly settled to say that only if the material on record is accepted to be correct, no offence is made out or that in certain cases if there are offences is registered with mala fide intention, by following the principles laid down in case of State of Haryana v. Bhajan Lal, with the citation 1992 Supp (1) SCC 335, the qushment of criminal proceedings is permissible. It is however not open for this Court to consider the contradictions in the statement of witnesses and to decide any issue, it is supposed to be decided during the course of trial. 7. Prima facie perusal of the record shows that the statement of victim is sufficient to indicate that she is minor and she was incited/induced and was kidnapped from the lawful custody of her parents. Thus, it cannot be said that there is no material on record in order to proceed with the trial against Applicant as far as offence under Section 363 of the Indian Penal Code is concerned. 8. Coming to other offences i.e. 366(A) of Indian Penal Code and Section 12 of the POCSO Act is concerned, admittedly, victim has refused to undergo medical examination. Moreover, from her own statement it does not appear that she was subjected to sexual harassment as contemplated by 925-APPLN-97-2024.odt Section 11 of the POCSO Act. Apart from this, there is absolutely no material in order to hold that the minor girl was procured for the purpose of forcing her to have illicit intercourse with any other person. 9. Having regard to the aforestated facts, for want of any evidence collected during the course of investigation, offences punishable under Section 366(A) of Indian Penal Code and Section 12 of the POCSO Act are not attracted in the instant case. 10. The above discussion indicates that the Application deserves to be allowed partly. Hence, Criminal Application is allowed partly. FIR No. 639/2023 registered with MIDC Waluj Police Station, District Aurangabad and subsequent charge-sheet dated 25.09.2023 filed in Special Case No. 390/2023 is quashed and set aside against Applicant only for offences punishable under Sections 366(A) of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act. 11. It is open for the trial Court to try Applicant for offence punishable under Section 363 of the Indian Penal Code. 12. The above observations are made only for the decision of present Application and trial Court is not bound by the same. Page 4 of 5 925-APPLN-97-2024.odt 13. Fees of appointed Counsel for Respondent No. 2 is quantified @ Rs.10,000/- to be paid by High Court Legal Services Sub-Committee, Aurangabad. (R. M. JOSHI, J.) Malani