(1.) This is an application filed by accused No.2 in CC No.281 of 1997 on the file of the learned Judicial, First Class Magistrate at Bhainsa to quash the proceedings against her in the said case.
(2.) One Sripathi Gangadhar Chary S/o Gangaram is the accused No.1. He is alleged to have abducted the petitioner herein with a view to compel her to marry him. He is alleged to have seduced the petitioner to have intercourse, it is alleged that he abducted the petitioner who is a married woman against her will and forcibly had illicit intercourse knowing that the petitioner is the wife of another person. That in brief is the allegation against accused No.1. Basing on the said allegation and a complaint filed by the father-in-law of the petitioner herein, the police registered a case in Crime No.25 of 1997 under Section 366 IPC and took up investigation.
(3.) It is the case of the police that during the investigation, it is revealed that the said Sripathi Gangadhar Chary (A1) knowing fully well that the petitioner herein is a married woman and having children seduced her to have sexual intercourse by abducting her and keeping her in the house of LAW-12. But in the course of investigation, the investigating agency reached the conclusion that the petitioner herein had also committed an offence under Section 497 IPC as she has been living in adultery with accused No. 1. It is that portion in the charge-sheet which is questioned by the petitioner in this application filed under Section 482 Cr.PC.