Rupesh Sahu vs State Of Chhattisgarh
2023 Latest Caselaw 1158 Chatt

                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                                 Order Sheet
                                           Cr.M.P. No.394 of 2023
                          Rupesh Sahu & Ors Versus State Of Chhattisgarh & Ors



23.02.2023           Shri Rekhraj Baghel, counsel for the Petitioners.

                     Default(s) as pointed out by the Registry be ignored.

                     Heard.

                     Smt Amit, PL appears and accepts notice for the State/Respondents No.1

to 3.

Issue notice to Respondent No.4 only on payment of PF as per rules.

Also heard on IA No.01/2023, an application for grant of interim relief/stay.

Issue notice to the said Respondent on this application also, as above.

Learned Counsel for the Petitioner submits that a love marriage took place between Respondent No.4 and Petitioner No.1 and as the parents of Petitioner No.1 have not allowed Respondent No.4 to enter their house, a false FIR was lodged against them with bald allegations. He placed reliance on the judgment rendered in the matter of Kahkashan Kausar alias sonam and Others vs. State of Bihar and Others reported in (2022) 6 SCC 599 and prays to grant interim relief by quashing the FIR impugned.

Learned State Counsel opposed the prayer.

Considering the submissions made and the material available on record, purely as an interim measure, it is ordered that the effect and operation of further proceedings in Criminal Case No.18504/2022 pending before the JMFC, Raipur arising out of FIR No.74/2022 dated 19.04.2022 registered at PS Mahila Thana, District Raipur for the offence under Section 498-A/34 IPC shall remain stayed qua Petitioners No.2 & 3 i.e. the father-in-law and sister-in-law of the Complainant/Respondent No.4, till the next date of hearing.

Post the matter after service is complete.

Sd/-

(Deepak Kumar Tiwari) Judge

Priya