Back
N. KOTISWAR SINGH, SURYA KANT
Manisha Meena – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. factual background of the case and allegations. (Para 2 , 3 , 5) |
| 2. arguments presented by both parties. (Para 4 , 6) |
| 3. court's reasoning on procedural aspects. (Para 7 , 8 , 9 , 10) |
| 4. restoration of investigation for main accused. (Para 11) |
| 5. conclusion on bail and investigation process. (Para 12 , 13 , 14) |
ORDER
2. The appellant is the victim-complainant in FIR No.36/2020 dated 02.02.2020, under Sections 376 -D, 418, and 506 of the INDIAN PENAL CODE , 1860 (in short, the "IPC"), registered at Police Station Mahila Thana, District Alwar. It seems that the appellant was residing in Jaipur for preparation and coaching for competitive exams when she was introduced to respondent no.2 (Radhakrishan Meena), namely, the main accused, somewhere between January and March 2018. They exchanged phone numbers and have been in contact with each other since. While the appellant claims that respondent no.2 proposed marriage, to which she had consented, respondent no.2 denied expressing any such desire. As per the allegations contained in the FIR, the appellant and respondent no.2 developed a physical relationship in January 2018 itself. They travelled together to other places lik
The High Court should not evaluate the truthfulness or correctness of the allegations levelled by the prosecution/complainant against the accused. The material relied on by the accused should be suff....
Dowry offences – Criminal case cannot proceed on general and omnibus allegations.
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases. The veracity of the allegations in the FIR should be tested by the investigating agency, and the cou....
A legally wedded husband cannot be charged with rape under IPC if the sexual intercourse is consensual, as per Exception 2 of Section 375 IPC.
A redundant criminal case cannot be allowed to continue.
Repeated rape and criminal intimidation – Mere breakup of relationship between a consenting couple cannot result in initiation of criminal proceedings – What was consensual relationship between parti....
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
The court established that inherent powers to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
