C482/1926/2022
2022 Latest Caselaw 3446 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  C482 No. 1926 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. R.S. Sammal, Advocate, for the applicant.

Mr. Pankaj Joshi, Brief Holder, for the State of Uttarakhand.

Issue Notices to respondent No.3. Steps to be taken by the applicant within a period of one week.

The respondent Nos. 1 and 2 are represented by the learned Brief Holder.

The challenge in the present C482 Application, is being given to the Charge Sheet No. 1 dated 8th August, 2022, which was submitted in pursuance to the FIR No. 35 dated 16th April, 2022, for the alleged involvement of the present applicant in commission of the offences under Sections 376, 417 of the IPC and Section ¾ of the Dowry Prohibition Act, which has been registered as Criminal Case No. 733 of 2022, State Vs. Manish Tamta @ Manish Kumar, and is presently pending consideration before the Court of Chief Judicial Magistrate, Bageshwar.

Apparently, from the FIR and the chargesheet, it shows that the victim was a consenting partner, who had entered into a consensual relationship, under an assurance of the marriage. Consensual relationship, whether it would fall to be as an offence under Section 376 of the IPC or not, is an issue, which has been in debate and adjudicated to by the Hon'ble Apex Court also in number of judgments.

List this matter after service of notice on the respondent No.3.

Till the next date of listing, the further proceedings of Criminal Case No. 733 of 2022, State Vs. Manish Tamta @ Manish Kumar, presently pending consideration before the Court of Chief Judicial Magistrate, Bageshwar, would be kept in abeyance.

(Sharad Kumar Sharma, J.) Dated 21.10.2022 Shiv