Nizamuddin vs State Of Raj And Anr
2021 Latest Caselaw 6837 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 3135/2018

Nizamuddin
                                                                     ----Petitioner
                                    Versus
State Of Raj And Anr
                                                                   ----Respondent

For Petitioner(s) : Mr. Tarun Kumar Mishra Ms. Rashmi Jain For State : Mr. Sher Singh Mahla PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

23/11/2021

1. It is contended by counsel for the petitioner that in the F.I.R.,

it was specifically mentioned that the victim left her house with

jewellery with the petitioner. It is also contended that the victim is

a thirty five years old lady who was recovered by the police on

16.06.2012. She was produced before the Magistrate on

10.07.2012 and her statement was recorded under section 164

Cr.P.C. wherein the Magistrate mentioned that she was under fear

therefore her statement was not recorded. She was again

produced on 18.07.2012 and she stated before the Magistrate that

she is under fear of her family members who want that she should

level allegation against the petitioner, therefore, again her

statement was recorded on 28.07.2012, wherein she has levelled

allegation with regard to rape against the petitioner.

2. It is further contended that police after due investigation

submitted negative final report however, on protest petition being

filed, Court has taken cognizance, and now charges have been

(2 of 2) [CRLMP-3135/2018]

framed against the present petitioner. Hence, counsel for the

petitioner seeks time to file certain documents.

3. Application for extension of stay is allowed.

4. List this matter on 14.12.2021. Till then further proceedings

in the criminal case shall remain stayed.

5. Application for early listing stands disposed of.

(PANKAJ BHANDARI),J ARTI SHARMA /167

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