PAMARTHI CHAITANYESWAR GANESH Vs. STATE OF A.P.

JUDGEMENT

(1.) The Criminal Petition is filed by the petitioner/Accused, under Sec. 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.) to quash the P.R.C.No.38/2022 on the file of Judicial Magistrate of First Class, Special Mobile Court, Vizianagaram.

(2.) The case of the petitioner is that he was shown as accused in P.R.C.No.38/2022 on the file of Judicial Magistrate of First Class, Special Mobile Court, Vizianagaram, for the offence under Sec. 376, 417, 420 and 354 (D) of Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.').

(3.) The 2nd respondent presented a report to Women Police Station, Vizianagaram, on 20/6/2022 alleging that the 2nd respondent was studying Post Graduation course in Medicine at Nellimerla. The petitioner was senior to the 2nd respondent. He was after the 2nd respondent stating that he loves and intend to marry her. In July 2021, the 2nd respondent went to the flat of the accused located in Sathwik Apartments. At that time, the accused sexually assaulted her on the pretext of marriage. Thereafter he continued the promise to marry her. Subsequently, he had been to his parents at Vijayawada. Later, he was not taking the phone call and avoiding her. When she asked him about the marriage, he said that he will not marry her. She intimated her father. The petitioner was called to Kakinada and asked to marry her. The petitioner refused stating that he has nothing to do with the 2nd respondent. Hence, report to the police.