Citation : 2022 Latest Caselaw 6544 Chatt
Judgement Date : 2 November, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
MCRC No. 5611 of 2022
Madan Sidar Versus State Of Chhattisgarh
02/11/2022
Shri Ashutosh Mishra, counsel for the applicant.
Shri Samir Oraon, G.A. for the State.
The prosecutrix is not served.
Counsel for the applicant submits that the notices to the parents of the prosecutrix were issued earlier also on 2 - 3 occasions, however, the service report states that they have left the premises and left their home and they are not traceable as yet and she is also not appearing before the trial Court, therefore, the trial is not progressed and the applicant is in jail since 13/05/2022, therefore the service of information on the parents/guardian of the prosecutrix may be exempted looking to the facts and circumstances of the case.
On the other hand State counsel submits that there are judgment of the Hon'ble Supreme Court and other High Courts which mandates the service of the information on the parents/guardian of the prosecutrix, the applicant is in jail 13/05/2022, therefore this issue requires consideration.
Both the parties are directed to prepare on this issue.
List this case in the next week.
Sd/-
(Sachin Singh Rajput) JUDGE
Kamde
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