DURYODHAN SOPAN ALDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner invoked jurisdiction of this Court under Article 226 of the Constitution of India and inherent power under Sec. 482 of the Criminal Procedure Code, 1973 (for short "Cr.P.C.") challenging the proceedings in Sessions Case No.628 of 2022 pending before the Court of learned Additional Sessions Judge, Pune.

(2.) The brief facts of the prosecution case are as under: The complainant was acquainted with the accused. They fell in love with each other. Their parents came to know about their relationship. Since both of them were belonging to different castes, their family members were against such relationship. Somewhere in April-2015, the accused informed the complainant that his parents would not permit their marriage and they should elope and perform marriage by going to Pune. The complainant agreed and both of them met at Pune. They took rented premises and started residing together at Pune. The accused induced the complainant to have physical relationship, under the promise of marriage. Thereafter they started residing at Navi Mumbai. They maintained physical relationship. Subsequently accused arranged the premises for residence of the complainant and she started residing at Pune. The accused used to visit the said premises. He dodged topic of marriage and maintained physical relationship with her. He started avoiding her and refused to perform marriage with her. The FIR was lodged on 21/1/2018 for offences punishable under Ss. 376, 376(2) and 420 of Indian Penal Code (for short "IPC"). On completing investigation, charge-sheet was filed.

(3.) Vide order dtd. 21/12/2022 notice was issued to Respondent No.2, for a long time the notice could not be served. Subsequently, the report was received that notice issued to Respondent No.2 is received back with remark "the Respondent No.2 is not residing at given address and informed by telephonically, she refused to take notice". Since Respondent No.2 was not present, vide order dtd. 28/11/2023 it was directed that intimation be given to Respondent No.2 through concerned Police Station about next date of hearing with indication that the matter would be heard finally at the stage of admission. The Police report dtd. 8/12/2023 about intimation of hearing of this Petition to Respondent No.2 was taken on record. Vide order dtd. 20/12/2023 it was observed that inspite of intimation, Respondent No.2 is not present in the Court. The High Court Legal Services Aid Authority was directed to appoint an Advocate to represent Respondent No.2. Hence, Advocate was appointed to represent Respondent No.2.