Kavish Kotai vs State Of Rajasthan
2022 Latest Caselaw 13380 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7465/2022

Kavish Kotai S/o Narayan Das Kotai, Aged About 26 Years, R/o 16 Kailash Colony R.m.v. Road Kalaji Goraji Chouraha Udaipur

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Manisha Madhu D/o Madhu A, R/o C-103 Vaidehi Apartment New Navratna Bhuvana Sukher Udaipur At Present R/o At 462-A Opp. Raja Saheb Gattani Hospital Bhupalpura Udaipur, Udaipur Raj.

----Respondents

For Petitioner(s) : Mr. Deepak Menaria For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

15/11/2022

Learned counsel for the petitioner submits that the

allegations leveled in the FIR are highly absurd and on the basis of

these allegations, no prudent person can reach on the conclusion

that the alleged offences might have been committed ever by the

petitioner. On the perusal of the FIR, it is revealed that the

prosecutrix was in a relationship with the petitioner since the year

2017 and on several occasions, she established physical

relationship with him. He further submits that there are false

allegations in the FIR that she was seduced by the petitioner on

the false pretext of marrying her. He placed reliance on the

judgment passed by Hon'ble Supreme Court in the case of

Pramod Suryabhan Pawar Vs. State of Maharashtra reported

(2 of 2) [CRLMP-7465/2022]

in AIR 2019 SC 4010 and thus submitted that the continuation of

the proceedings in this FIR would surely tantamount to abuse of

process of law.

The matter requires consideration.

Issue notice. Learned Public Prosecutor accepts notice on

behalf of the respondent No.1-State.

Issue notice to the respondent No.2, returnable within six

weeks.

In the meanwhile and till next date of hearing, petitioner

shall not be arrested in connection with FIR No.389/2022

registered at P.S. Bhupalpura, Distt. Udaipur.

(FARJAND ALI),J 63-Anshul/-

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