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Order Below Exh. 4 in Cri. B. Appln. No. 681/2022
Pallavi Milind Andhrutkar @ Pallavi Ramesh Janorkar and
another V/s. State.
Heard: Ld.Adv. Mr. G. P. Sanap for the applicants.
This is an application under Section 438 of Criminal
Procedure Code in Crime No. 140/2022 registered at Police
Station, Sinnar, Nashik for the offence under Section 363, 366
A, 376(2)(J)(N) r/w. Sec. 34 of the I. P.C. and section 4, 8, 12
of the Protection of Children From Sexual Offences Act, 2012
and sections 9, 10 and 11 of the Prevention of Child Marriage
Act, 2006. It is the case of prosecution in brief that the accused
No.1 committed sexual intercourse with the minor victim from
time to time and the other coaccused aided and abetted their
marriage. The applicants herein are not the accused in the said
offence.
2.
Ld. Adv. for the applicants has submitted that the
applicant No.1 is the manager of the marriage hall where the
wedding took place and applicant No.2 is the priest. They have
no role to play in the offence. However, they are receiving
phone calls from the police station and are therefore
apprehending arrest. There is no necessity of their custodial
interrogation. No recovery needs to be made from them. They
are ready to cooperate with the investigation and comply with
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the terms and conditions imposed by the Court.
3.
It is necessary to call for the say of the victim and
the I.O. Applicants are not named in the FIR. Primafacie, their
role is only restricted to being the hall manager and the priest
respectively. No recovery needs to be made from them. They are
ready to abide by the terms and conditions imposed by the
Court. In view of the foregoing discussion, I am inclined to
allow the application in terms of the following order:
ORDER
1)
The application Exh. 4 is allowed.
2)
In the event of arrest of applicants (Pallavi Milind
Andhrutkar @ Pallavi Ramesh Janorkar and Jayendra
Moreshwar Antapurkar), they be released on executing
P. R. bond and S.B. of ₹15,000/ each with one local
surety of like amount.
3)
Applicants shall attend the concerned Police Station as
and when called by the Investigating Officer.
4)
Applicants shall cooperate in the investigation and shall
not tamper with the prosecution witnesses.
5)
Issue notice to the I.O. returnable on 10/06/2022.
Nashik
03/06/2022
( M. V. Bhatia)
District Judge2 and Additional
Sessions Judge, Nashik.