WPCRL/2402/2022
2022 Latest Caselaw 4102 UK

              Office Notes,
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SL.
      Date    or directions                       COURT'S OR JUDGES'S ORDERS
No
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                               WPCRL No. 2402 of 2022
                               Shri Sanjaya Kumar Mishra, J.

Shri Harshit Sanwal and Ms. Priyanka Agarwal, learned counsel for the petitioner.

Ms. Manisha Rana, learned AGA for the State. Learned counsel for the petitioner would submit that complainant is a married woman. A decree of divorce dissolving her marriage with her husband was passed on 29.10.2021 while the complainant alleges that on 11.10.2021, petitioner, on the false pretext of marriage, made physical relations with her. Learned counsel for the petitioner relies upon the judgment of Hon'ble Supreme Court in the case of Sonu @ Subhash Kumar Vs. State of U.P. and another, (2022) 1 Crimes 142 (SC).

Issue rule nisi.

Issue notice to respondent no. 3 by registered post acknowledgment due returnable within four weeks.

Postal requisites be filed within seven days. Counter affidavit be filed by the respondents within four weeks.

List on 13.04.2023.

In the interregnum, it is directed that investigation in FIR No. 287 of 2022 dated 23.11.2022 registered under Sections 354 (a), 376 IPC at Police Station - Gadarpur, District Udham Singh Nagar, shall go on but petitioner shall not be arrested by the Investigating Officer without leave of the Court provided he cooperates with the investigating officer.

I.A. No. 1 of 2022 stands disposed of.

(Sanjaya Kumar Mishra, J.) 21.12.2022 (Grant urgent certified copy of this order, as per Rules) SKS