GANESH S/O BABURAO KATLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In response to the arguments canvassed by Mr. Ghanekar, learned counsel appearing for the applicant as regards implicating the accused in a false case, learned APP informs that the investigation Officer, PSI, Sharvari Kale (Vakola Police Station) had personally visited the complainant, who is resident of Nagpur with intention that she should appear before the Court of learned Magistrate for recording statement under Section 164 Cr.P.C. It is also stated that she has made to understand that she has to undergo medical examination, to which she is not co-operating.

(2.) The aforesaid conduct on the part of the complainant in not co-operating with the investigation fortifies submissions of Mr. Ghanekar that the complainant has implicated the applicant in a false case.

(3.) Be that as it may, since the offence alleged is under Section 376 of Indian Penal Code, let there be notice to the complainant to be served through the office Joint Commissioner of Police, Nagpur, returnable on 1st December, 2021.