MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. Petition under Section 482 of Code of Criminal Procedure has been filed by the Petitioner against the order dated 20.08.2018 passed by the learned Additional Sessions Judge (Women Atrocities) Jodhpur Metropolitan in Criminal Case No. 67/2017 whereby, the application filed by the petitioner under Section 311 Cr.P.C. has been rejected.

(2.) Brief facts of the case are that on 22.07.2015, the complainant gave a written report to the effect that about one and half year ago, the accused came to her home when she was alone and took some photographs on the basis of which the accused blackmailed her and committed rape with her. After marriage also, the accused petitioner forced her to establish sexual relationship with him and also demanded a sum of Rs. 2 lacs by blackmailing the complainant. The police registered FIR under Section 376, 384 IPC and Section 67 of IT Act.

(3.) On completion of investigation, the police filed chargesheet against the petitioner for offence under Section 376(2)(n) and 384 IPC. Learned Additional Additional Chief Judicial Magistrate No. 5, Jodhpur Metropolitan took cognizance and referred the matter to the court of Sessions where, the charges have been framed under Section 376(2)(n), 385 IPC by the learned Addl. Sessions Judge (Women Atrocities) Jodhpur Metropolitan.