WPCRL/1020/2021
2021 Latest Caselaw 2228 UK

                Office Notes,
             reports, orders or
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      Date                                    COURT'S OR JUDGES'S ORDERS
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                                  WPCRL No. 1020 of 2021

                                  Hon'ble N.S. Dhanik, J .

                                         Mr. Vipul Sharma, learned counsel for
                                  the petitioner.
                                         Mr. Pratiroop Pandey, learned A.G.A. for
                                  the State of Uttarakhand.
                                         It is argued by learned counsel for the
                                  petitioner that both the complainant and
                                  petitioner are major and the complainant
                                  already knew the fact that the petitioner is
                                  married since 2016 and even the complainant
                                  herself was engaged with one Kamal Kohli on
                                  30.11.2020. In order to support his
                                  argument, learned counsel for the petitioner
                                  relied upon the judgment of Hon'ble Apex
                                  Court in the case of Uday v. State of
                                  Karnataka (2003) 4 SCC 46.
                                         Learned State Counsel may file counter
                                  affidavit within a period of four weeks.
                                         Issue notice to the fourth respondent.

Steps to be taken within a week. List this case after service report is received.

Having considered the submissions of learned counsel for the parties, and on perusal of the material available on record, as an interim measure, it is directed that till the next date of listing, no coercive steps shall be taken against the petitioner, provided he will cooperate with the investigation.

Stay application (IA No. 01 of 2021) stands disposed of.

(N.S. Dhanik, J.) 05.07.2021 SB