ANAND DUBEY Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 482 Cr.P.C. praying for fresh consideration of the matter by the learned ASJ in Crl.Rev.No.6/2011, wherein vide order dated 03.05.2011, without issuing notice to the petitioner, direction was given to the learned A.C.M.M for getting the FIR registered against the petitioner.

(2.) IN brief the case of the petitioner is that he was married to the complainant Sangeeta Bharti in a temple and it was a love marriage without any kind of dowry demand. Parties were belonging to different castes as the petitioner was Brahmin whereas the respondent Sangeeta Bharti was from a lower caste. After the marriage, certain differences arose between the parties which led to filing of complaints/litigations inter se the parties. The respondent No.2 Sangeeta Bharti filed a complaint before the learned ACMM along with an application under Section 156(3) Cr.P.C. for getting an FIR registered against the petitioner.

(3.) THE learned ASJ vide the impugned order dated 03.05.2011 formed the view that the complainant had made serious allegations of rape and offence punishable under provisions of Atrocities on (Scheduled Caste & Scheduled Tribe) Act were made out which were sessions trial. Thus, the revision was accepted, impugned order was set aside and the matter was remanded back to the learned Trial Court for directing the SHO, P.S. Janak Puri to register the FIR.