Order Below Exh. 1 in Cri. B. Appln. No. 415/2022 CNR No.MHNS010014672022

Navaj Riyaj Sayyad & Anr 1 Vs. State

Heard:
Ld. Adv. Mr.S.R.Vanare for the applicants.

Ld. A.P.P. Ms. S. S. Sangle for the State.

As per the service report, notice could not be served on the complainant since her address was not available.

1.This is an application under section 438 of the Code of Criminal Procedure since the applicants apprehend arrest in an offence (under Sections 376and 313 r/w Sec.34 of the Indian Penal Code, 1860) which may get registered against them at Mumbai Naka Police Station, Nashik by the complainant Rukhsar Meman.

2. Learned Advocate for the applicants has submitted that the applicants have reason to believe that an offence may get registered against them by the complainant. There was a consensual love­ affair between the applicant No.1 and the complainant (who is a major). Applicant No.2 is the father of applicant No.1. The complainant is married with a six year old son. The complainant has been falsely alleging that the applicant No.1 committed sexual intercourse with her on the promise of marriage, impregnated her and thereafter both the applicants forced her for abortion. He has submitted that the said allegation is totally false, in as much as the Doctor who operated her on the alleged date of abortion has filed a certificate that the complainant was operated upon for Appendicitus.

Applicants are ready to abide by the terms and conditions imposed by the Court and also co­operate with the investigating agency.

Custodial interrogation of the applicants is not necessary.

3.Ld. A.P.P. has submitted that no FIR has been lodged at the police station. In fact, the police station has filed a say stating that a compromise has been arrived at between the complainant and the applicants.

4.No FIR has been lodged at the police station. The police station has filed a say stating that a compromise has been arrived at between the complainant and the applicants. Considering the same and in view of the peculiar facts and circumstances of the case, I am inclined to partly allow the application in terms of the following order.

: O R D E R :
1] Application is partly allowed.

2] Mumbai Naka Police Station, Nashik is directed to give 72 hours prior notice to arrest the applicants Navaj Riyaj Sayyad and Riyaj Gaus Sayyad in case an offence against them is registered by the complainant Rukhsar Meman under Sections 376 and 313 r/w Sec.34 of the Indian Penal Code, 1860.

3] Application is disposed of accordingly.

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.21 12:44:59 +0530 Nashik Mridula Bhatia 31/03/2022 District Judge­2 and Additional Sessions Judge, Nashik.