HEMANT JOSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This repeat (third) application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant-Hemant Joshi who is implicated in connection with Crime No.555/2019, registered at Police Station-Rajendra Nagar, District-Indore, concerning offence under Sections 376(2)(n), 506 of IPC, 1860. Earlier applications were dismissed as withdrawn vide orders dated 11/09/2019 and 18/11/2019 passed in M.Cr.C. No.37282/2019 and 45474/2019, respectively.

(2.) As per prosecution story, complainant lodged a report at Police Station Rajendra Nagar that the applicant and herself came in contact with each other and exchanged their phone numbers. The applicant started convincing her over phone to marry him. On 02/07/2015 applicant took her to his house at Indore and on the promise of marriage he committed rape upon her. It is further alleged that he took her to Khandwa and performed marriage with her.

(3.) Later on the complainant came to know that the applicant is already a married person and she has been cheated. On the basis of which Police registered FIR for the aforesaid offence.