ROSHNI MALLIK Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India praying for issuance of a writ in the nature of mandamus or any other suitable writ or direction on the respondents to register FIR and to take up investigation in the matter.

(2.) The petition has been filed with the averments and allegations that on 27.3.2005 the petitioner reached the Norwegian Embassy on the afternoon of Easter where she met one Mr. Ulrich Ritter, employed as Chief Underground excavation specialist for M/s Lakmeyer International and presently posted at Wazir House No. 62, Chanderkote-182144 and has developed friendly relationship with him and thereafter they remained in regular touch with each other. Mr. Ulrich Ritter even participated in her domestic functions at times. Thereafter Mr. Ulrich Ritter left for Germany and then moved to Turkey. On 19.6.2005 the petitioner went to Turkey and stayed with him where he proposed to marry her. Believing the said promise, the petitioner agreed to have a physical relationship with him at several places in India. However, the said Ulrich Ritter did not keep promise and did not marry the petitioner and she learnt that Mr. Ulrich Ritter was already married and having a wife. According to the petitioner the said Mr. Ulrich Ritter has committed the offence of rape on her as her consent was obtained under the false promise of marrying her. Respondents were notified on the petition.

(3.) An application for early hearing was made from the side of the petitioner on the ground that Mr. Ulrich Ritter was expected to leave the country on the night intervening on 22nd and 23rd February, 2006 for Viena, and so the hearing of the petition and application bearing No. 1192/2006 was preponed for today.