GAGAN SETHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This criminal misc. application has been filed by the applicant challenging the chargesheet dated 06.09.2016 filed against the applicant and the summoning order dated 13.12.2016, whereby the learned Chief Judicial Magistrate, Dehradun has taken cognizance of the offences alleged against the applicant i.e. under Section 376 , 406 and 506 I.P.C. Further prayer has been made to stay the proceedings of Criminal Case No.4881 of 2016 under Section 376 , 406 & 506 I.P.C., pending before the learned Chief Judicial Magistrate, Dehradun.

(3.) Earlier F.I.R. was lodged against the applicant at Police-Station Kotwali Cantt, Dehradun under Sction 420, 406, 376, 120-B and 506 I.P.C . by the complainant respondent No.2 Jyoti Rohiwal, alleging therein that, in September 2012, complainant was doing choreography at Hotel Pacific and she met the applicant Gagan Sethi S/o Jagmohan Sethi, R/o 15 Netaji Marg, Tilak Road, Kotwali Dehradun, who cajoled the applicant. Complainant further alleged that accused applicant on 28th October 2012 proposed her for marriage and later accused/applicant arranged a meeting between his mother sister (Sheena) and complainant who took horoscope for matching with a promise that they will announce marriage on the occasion of lohari in month of January 2013. Complainant further complaint that applicant and his family preponed such announcement of marriage on pretext of one excuse and another. It was further stated in the F.I.R. that applicant took Rs. 1,50,000/- as a loan from complainant on 06-02-2014, accused made physical relation with complainant in year 2015; but, later he refused to marry with complainant.