Dolan Chand Sethiya vs State Of Chhattisgarh
2022 Latest Caselaw 1289 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                WPCR No.268 of 2022

              Dolan Chand Sethiya Versus State of Chhattisgarh & anr.



11/03/2022

Shri Nitesh Jain, Advocate for the petitioner.

Ms. Hamida Siddiqui, Dy. AG for the State.

Heard.

Learned counsel for the petitioner would submit that a report was made by the girl that she was subjected to rape whereas the documents would show that she was married to the petitioner in the year 1999 thereafter lived together from 2001 to 2011 and the case under Section 498 A and 323 IPC was registered wherein the petitioner and the family members were acquitted. He would further submit that subsequently an application under Section 125 Cr.P.C. was filed which is supported by an affidavit in which the prosecutrix stated that she is living separately, wherein the orders have been passed granting maintenance.

Considering the facts of this case that the report of forceful sexual intercourse has been made palpably the application for maintenance has been filed.

Issue notice to the victim on payment of process fee as per rules. Notice be served upon the victim through the concerned SHO.

Considering the judgment of acquittal for the offence under Section 498A IPC and granting maintenance under Section 125 Cr.P.C. and also considering the pleading thereon for interim maintenance wherein alleged victim has stated that she is living separately from 2011, and also considering the issue of past litigation wherein the victim has raised several grounds including that she is wife and living separately, there shall be stay of the proceedings before the Court below in S.T. No.78/2021 till the next date of hearing.

List it after six weeks.

Certified copy as per rules.

SD/-

Goutam Bhaduri Judge

ashu