JAWAHAR YADAV Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) Being aggrieved by the order dated 12-2-2004 passed by Shri A. K. Gaikwad, 2nd Additional Sessions Judge, Ambikapur, Surguja whereby the judgment of acquittal order under Section 376, I.P.C. delivered on 24-1 -1997 in Sessions Case No. 381 /96 by Shri Anees Abbas, 2nd Additional Sessions Judge, Ambikapur in State v. Jawahar Yadav was suo motu set aside and a retrial was ordered, the applicant Jawahar Yadav has preferred Criminal Revision No. 392/2004.

(2.) Being further aggrieved by a similar order dated 12-2-2004 passed, in enquiry proceedings initiated on an application dated 7-2-1997 by the prosecutrix Situ alias Sitwa, by Shri A. K. Gaikwad, 2nd Additional Sessions Judge, Ambikapur whereby after passing the order mentioned in para 1 above, the learned Judge ordered issuance of warrant of arrest against the applicant and directed the concerned Station House Officer to inform the applicant, that the Sessions Trial No. 381 /96 has been re-opened and if he desired he may seek stay from the Hon'ble High Court within a period of one month, failing which, the S.H.O. was directed to arrest and produce the applicant before the Court on 1-4-2004, the applicant has preferred Criminal Revision No. 170/2004.

(3.) Pursuant to the aforesaid orders and on being directed by the Superintendent of Police, Ambikapur vide letter dated 28-6- 2004, F.l.R. was registered against the applicant in Police Station Ambikapur, District Surguja on 9-7-2004 under Sections 419, 420, 467 and 468, I.P.C. in Crime No. 417/ 04. Being aggrieved, the applicant preferred M. Cr. C. No. 2543/05 under Section 482 Cr. P.C. for quashing the aforesaid F.l.R.