Kheta Ram vs State Of Rajasthan
2022 Latest Caselaw 1717 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc(Pet.) No. 520/2022

1. Kheta Ram S/o Bhawa Ram, Aged About 22 Years, Village And Post Sena Tehsil Bali, Dist. Pali (Raj.).

2. Bhajiya Ram @ Mangi Lal S/o Kika Ram, Aged About 23 Years, Village And Post Sena Tehsil Bali, Dist. Pali (Raj.).

3. Tara Ram S/o Kika Ram, Aged About 25 Years, Village And Post Sena Tehsil Bali, Dist. Pali (Raj.).

4. Kala Ram S/o Bhawa Ram, Aged About 30 Years, Village And Post Sena Tehsil Bali, Dist. Pali (Raj.).

5. Jodha Ram @ Jodhnath S/o Parshnath, Aged About 35 Years, Village And Post Sena Tehsil Bali, Dist. Pali (Raj.).

6. Mohan Singh S/o Ummed Singh, Aged About 50 Years, Village And Post Sena Tehsil Bali, Dist. Pali (Raj.).

7. Ramesh Ram S/o Bhawa Ram, Aged About 21 Years, Village And Post Sena Tehsil Bali, Dist. Pali (Raj.).

8. Vela Ram S/o Bhawa Ram, Aged About 25 Years, Village And Post Sena Tehsil Bali, Dist. Pali (Raj.).

9. Durga Ram @ Darga Ram S/o Bhawa Ram, Aged About 27 Years, Village And Post Sena Tehsil Bali, Dist. Pali (Raj.).

10. Dhhomi Bai @ Pani Bai W/o Bhawa Ram, Aged About 65 Years, Village And Post Sena Tehsil Bali, Dist. Pali (Raj.).

11. Nenu Bai W/o Prakesh, Aged About 30 Years, Purana Road, Sumerpur, Dist. Pali (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Rewti Devi @ Rahmat W/o Ahmad Khan D/o Akbar Khan, B/c Mirasi, R/o Tilak Nagar, Barmer, Teh. And Dist. Barmer (Raj.).

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Bharat Devasi (through VC)
For Respondent(s)         :     Mr. Laxman Solanki, PP



                                      (2 of 3)                 [CRLMP-520/2022]


          HON'BLE MR. JUSTICE VIJAY BISHNOI

                       Judgment / Order

03/02/2022

Learned counsel for the petitioners has submitted

that the complainant-respondent No.2 has voluntarily

lived with the petitioner No.1 for several months. It is

argued that during that time, the family members of the

respondent No.2 lodged an FIR regarding abduction

against the petitioner No.1 and others, however, during

the course of investigation of that FIR No.337/2021

lodged at Police Station Sadar, Distt. Barmer, the

complainant-respondent No.2 appeared before the police

and gave specific statement that she lived with the

petitioner No.1 on her own free will. It is also submitted

that later on, statement of the prosecutrix was recorded

under Section 164 CrPC before the Magistrate, wherein

also, she has specifically stated that she went with the

petitioner No.1 on her own free will and lived with him

without any pressure. Learned counsel has submitted

that now the complainant-respondent No.2, for the

reasons best known to her or under pressure of her

family members, has lodged this false FIR No.0297/2021

at Police Station Mahila Thana, Distt. Barmer levelling

allegations of abduction and sexual assault etc.

(3 of 3) [CRLMP-520/2022]

The matter requires consideration.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of

respondent - State.

Let notice be issued to the respondent No.2 only,

returnable on 21.2.2022.

Notice upon the respondent No.2 shall be served

through the SHO, Police Station Mahila Thana, Distt.

Barmer, who shall ensure the personal service of notice

upon the respondent No.2 positively by the next date of

hearing.

In the meantime, no coercive action shall be taken

against the petitioners in connection with FIR

No.0297/2021 of Police Station Mahila Thana, Distt.

Barmer till the next date, however, the petitioners shall

co-operate with the investigation.

(VIJAY BISHNOI),J

26-msrathore/-

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