Deepak Kumar Yadav @ Deepak Kr. ... vs The State Of Jharkhand And Another
2023 Latest Caselaw 3807 Jhar

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             IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 688 of 2023

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Deepak Kumar Yadav @ Deepak Kr. Yadav .... Petitioner

-- Versus --

The State of Jharkhand and Another .... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. R.S.Mazumdar, Sr. Advocate For the State :- Mr. Harsh Preet Singh, Advocate For the Respondent No.2 :- Mr. J.S. Singh, Advocate

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4/09.10.2023 Mr. Mazumdar, the learned Senior counsel appearing on

behalf of the petitioner submits that there is consensus relationship

between the petitioner and the respondent no.2. He by referring FIR

submits that the photocopy annexed with the said FIR clearly suggest

that the respondent no.2 happily residing along with the petitioner and

what has happened with consent of both the parties. He submits that the

charge sheet has been submitted and the petitioner has not been sent up

for trial. However, the learned court by way of differing has been pleased

to take cognizance under section 376 IPC. He submits that the

relationship between the petitioner and the respondent no.2 are there

since 09.07.2021, however, the case has been lodged on 08.07.2022. He

submits that the case of the petitioner is fully covered in view of the

judgment of Hon'ble Supreme Court in the case of Pramod Suryabhan

Pawar v. State of Maharashtra, (2019) 9 SCC 608.

2. Mr. J.S. Singh, the learned counsel appearing suo-motu on

behalf of the respondent no.2 submits that if on false promise of

marriage, relationship has been established, the case is made out and in

view of that, the leraned court has already taken cognizance differing

with the charge sheet.

3. In view of above, Mr. Singh, the learned counsel for the

respondent no.2 will file the counter affidavit within two weeks.

4. In the meantime, call for the case diary of this case along

with section 164 Cr.P.C statement of the respondent no.2.

5. Post this matter on 28.11.2023.

6. Till the next date, no coercive steps shall be taken against

the petitioner in connection with Jagarnathpur (Pundag) P.S.Case No.238

of 2022, pending in the court of learned Judicial Magistrate, 1st Class-

XXVII, Ranchi.

( Sanjay Kumar Dwivedi, J.)

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