WPCRL/2104/2022
2022 Latest Caselaw 3681 UK

                    Office Notes,
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         Date       or directions                 COURT'S OR JUDGES'S ORDERS
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      18.11.2022                     WPCRL No. 2104 of 2022

                                     Hon'ble S.K. Mishra, J.

Mr. Shobhit Saharia, learned counsel for the petitioner.

Mrs. Manisha Rana Singh, learned A.G.A. for the State of Uttarakhand.

The complainant was being investigated by the Police for commission of offence under Section 66(c) of Information and Technology Act, 2000, on the complaint of the petitioner.

The allegations made by the Respondent no. 3-the complainant shows that the petitioner, who is a student of law, completed his graduation in Commerce, made a false promise of her marriage and had physical relationship.

Keeping in view the ratio decided by the Hon'ble Supreme Court in the case of "Sonu @ Suraj Kumar, State of Uttar Pradesh (2021) SCC OnLine SC 181" and "Pramod Suryabhan Pawar vs. State of Maharashtra (2019) 9 SCC 608" and the latest judgment of Supreme Court in the case of Shambhu Kharwar Vs. The State of Uttar Pradesh in Criminal Appeal No. 1231 of 2022 decided on 12.08.2022, issue Rule Nisi.

Notice be issued to respondent no. 3 returnable within four weeks, acknowledgement due.

Postal requisites be filed within seven days.

List the matter on 13.01.2023. In the interregnum, it is directed that the investigation shall proceed but the petitioner shall not be arrested by the Police in pursuance of FIR No.245/2022 dated 07.11.2022. However, the petitioner will continue to cooperate with the Investigating Officer of the case and shall remain present, as and when required.

(S.K. Mishra, J.) 18.11.2022 (Grant urgent certified copy of this order, as per rules) PN