STUTI AGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this revision is made to the Judgment and Order dtd. 4/3/2024, passed in Sessions Trial No.02 of 2024, State of Uttarakhand vs. Anmol Agarwal, passed by the court of Additional Sessions Judge/FTSC, Rudrapur, District Udham Singh Nagar (for short, "the case"). By the impugned order, the court discharged the respondent no.2 from the charges under Sec. 376 IPC for the want of territorial jurisdiction, but observed that the trial of the accused shall proceed under Ss. 452, 323, 506 IPC. Accordingly, the matter was transferred to the court of Magistrate of competent jurisdiction under Sec. 228 of the Code of Criminal Procedure, 1973 ("the Code").

(2.) Heard learned counsel for the parties and perused the record.

(3.) The record reveals that the revisionist lodged an FIR against the respondent no.2 on 7/7/2022, under Ss. 323, 376, 452, 506 IPC. According to the FIR, the revisionist and the respondent no.2 came close to each other through some social media late in the year 2019. With the consent of their parents on 17/1/2020, the revisionist along with the respondent no.2 visited Nainital. There the respondent no.2 married the victim by filling her hairline with the vermillion and thereafter, established physical relations with her. He continued establishing physical relations with the revisionist on multiple occasions under the pretext of marriage, but subsequently, he declined to marry. The FIR records that on 22/5/2022, in the afternoon the respondent no.2 along with some other persons entered into the house of the revisionist; assaulted her and threatened her to life. It is this FIR, in which, after investigation charge-sheet under Sec. 323, 376, 452, 506 IPC against the respondent no.2 has been filed.