RAJDEEP PATHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 482 Cr.P.C. with a prayer to quash the entire criminal proceeding arising out of Giridih (Mahila) P.S. Case No. 24 of 2021 registered for the offence punishable under Ss. 376 and 417 of Indian Penal Code and the order taking cognizance dtd. 25/11/2022 passed by the learned Chief Judicial Magistrate, Giridih whereby and where under, the learned Chief Judicial Magistrate, Giridih has taken cognizance of the offences punishable under Ss. 376 (2) (n) and 417 of Indian Penal Code.

(3.) The allegation against the petitioner is that the petitioner forcible committed rape upon the informant-victim in December, 2014 and after that on the promise of marriage, the petitioner established physical relationship with the victim on several occasions and lastly on 19/8/2021 when the petitioner intended to have physical relationship with the informant-victim but though the same was resisted by the informant-victim, as the petitioner was not marrying her, yet even after refusal of the informant-victim to have physical relationship with the petitioner, the petitioner slammed the victim to the ground and forcibly committed rape upon her and refused to marry her.