Citation : 2023 Latest Caselaw 17861 MP
Judgement Date : 26 October, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
MCRC No. 30507 of 2023
(BHANU PRATAP SINGH ALIAS AMIT CHANDEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 26-10-2023
Shri D. S. Kushwah - Advocate for petitioner.
Shri Rajeev Upadhyay - Government Advocate for State.
Shri Anshu Gupta - Advocate for respondent no.2.
Present petition is preferred under Section 482 Cr.P.C. taking exception to FIR registered vide Crime No.73/2020 at Police Station Indergunj District Gwalior under Sections 376(2)(n), 313 of IPC and under Section 3(2)(v) of SC
and ST Act and consequential proceedings by way of charge-sheet filed before Special Court(Atrocities, Gwalior).
It is submission of learned counsel for petitioner that case indicates consensual nature of relationship shared by the prosecutrix and petitioner for considerable period of time. On Facebook, they got acquainted with each other and thereafter they have shared emotional and physical proximity. As per allegations, on pretext of marriage their relationship continued but thereafter they fell apart. Therefore, case is registered just to harass the petitioner and to extract the money and when she came to know about the fact that petitioner is going to
marry somebody else, then result is registration of this case.
He relied upon the case of Pramod Suryabhan Pawar V. State of Maharashtra, (2019) 9 SCC 608 and Dr. Dhruvaram Murlidhar Sonar vs. State of Maharashtra and others (2019) 18 SCC 191 and so also judgment rendred in Sonu@ Subhash Kumar Vs. State of Uttar Pradesh & Anr., (2021) 3 Supreme 292.
Lerarned counsel for respondent opposed the prayer and submits that Signature Not Verified Signed by: ROHIT SHARMA Signing time: 26-10-2023 07:38:56 PM
trial is likely to be held soon.
Learned counsel for complainant oppose the prayer and prayed for adjournment on the ground that trial is to be held.
Since respondents are already served, therefore, no notice is required to be issued.
Till the next date of hearing, proceedings pending before trial Court shall remain stayed.
List this case next week.
(ANAND PATHAK) JUDGE
Rohit
Signature Not Verified Signed by: ROHIT SHARMA Signing time: 26-10-2023 07:38:56 PM
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