ASHISH KUMAR 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 of the Code of Criminal Procedure with a prayer to quash and set aside the entire criminal proceedings in connection with Dhanwar P.S. Case No.345 of 2013 corresponding to G.R. No.3005 of 2013 and the order dtd. 16/6/2015 passed in that case whereby and where under the learned Judicial Magistrate-1st Class, Giridih has taken cognizance of the offences punishable under Ss. 376/417 of the Indian Penal Code.

(3.) The allegation against the petitioner is that the petitioner committed rape upon the victim; who was employed by him in his nursing home and thereafter promised to marry her and allured her not to disclose the occurrence of rape admitted by him upon the victim, to anyone. On the basis of the written application of the informant, police registered Dhanwar P.S. Case No.345 of 2013 for the offence punishable under Sec. 376 of the Indian Penal Code and after completion of the investigation, submitted charge-sheet against the petitioner. The learned Magistrate, considering the materials available in the record, found prima facie case for the offences punishable under Ss. 376/417 of the Indian Penal Code and took cognizance for the said offences.