SHIVKUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Satya Prakash Verma, learned counsel for the petitioner, Mr. Hariom Rai, learned Panel Lawyer for the State as well as the respondent No. 2, in person.

(2.) By this petition under Sec. 482 of the Code of Criminal Procedure, 1973, (for short, the Cr.P.C.) the petitioner seeks quashing of the First Information Report bearing Crime No. 0168/2020, registered at Police Station, Gidhouri, District Baloda Bazar, on 24/7/2020 , for the offence under Sec. 376 of the Indian Penal Code as also the charge sheet dtd. 19/8/2021 and the consequential criminal proceedings being Sessions Case No. 73/2021, pending before the learned Sessions Judge, Balodabazar.

(3.) The case of the prosecution, in brief is that the complainant/respondent No. 2 lodged an FIR by the respondent No. 2, who is a resident of village Dongripara, Police Station, Kota, District Bilaspur, alleging that the petitioner had committed sexual intercourse with her on the pretext of marriage. After completion of the investigation, the police submitted the charge sheet before the learned Judicial Magistrate, First Class, Bilaigarh, District Balodabazr, where on 2/9/2020, the respondent No. 2 was examined and the case was committed to the Court of Sessions Judge, Balodabazar where Sessions Trial No. 73/2021 was registered.