MANOJ BALASAHEB DHANAVADE vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

Sagar Magar WP-2248-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2248 OF 2023 Mr. Manoj Balasaheb Dhanavade Age 30 years, Occ- Service, Residing at Flat No. B 104, Ratipushpagandh CHS Ltd, near Bhavika School, Pakhadi, Kharegoan, Kalwa, Thane 400605. … Petitioner V/s. 1. The State of Maharashtra, (At the instance of Sahar Police Station) Vide C. R. No. 246 of 2019 2. XYZ, Age: around 34 years, Occ. Service Residing at S No. 327, Old No. 22/7, Chandrashekhar Azad Road, Taluka Gavipuram, Dist. Hanmantnagar Banglore, South Karanatak 560019. … Respondents ______________________ Mr. Arjun Kadam Advocate for Petitioner. Mr. S. V. Walve, A.P.P. for the State. P.I. Sushma Mali attached to the Sahar Police Station is present. ______________________ CORAM : RANJITSINHA RAJA BHONSALE, J. DATE OF DECISION : 20th FEBRUARY 2026. JUDGMENT :- 1) By the present Petition, filed under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, Petitioner seeks to quash and set aside the FIR/C.R. No. 246 of 2019 dated 26 th June 2019, 1/25 Sagar Magar WP-2248-2023.doc registered with Sahar Police Station, Mumbai for the offence punishable under Sections 376 of the Indian Penal Code. 2) Heard. Mr. Arjun Kadam, learned Advocate for the Petitioner and Mr. S. V. Walve, learned APP for the Respondent No. 1-State. Perused the record and the additional Affidavit filed by the Petitioner dated 9 th January 2026 so also the Affidavit in reply dated 2nd February 2026 of the Investigating Officer, Ms. Sushma Pandharinath Mali. 3) The record indicates that, efforts to serve Respondent No. 2 were made repeatedly, and even through the Investigating Officer, but Respondent No. 2 could not be served as, Respond