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2019 Supreme(Kar) 1374

B.A.PATIL
State of Karnataka – Appellant
Versus
Jatin Chhabria S/o. Vijay Chhabria – Respondent


Advocates Appeared:
For the Petitioner: Sri V.M. Sheelvanth, SPP – 1 and Sri M. Divakar Maddur, HCGP.
For the Respondent: Sri Shyam Sunder Bajpekar, Adv.

ORDER :

This petition has been filed by the State being aggrieved by the order dated 11.10.2017 passed by the 53rd Additional City Civil and Sessions Judge, Bengaluru, in S.C.No.446/2017, whereunder, the application filed by the respondent – accused under Section 227 Cr.P.C. came to be allowed and the accused is discharged from the offences punishable under Sections 376 and 420/417 of IPC.

2. I have heard the learned State Public Prosecutor for the petitioner – State and learned counsel for the accused.

3. The factual matrix of the case are that, on 11.02.2016, complainant filed a complaint at Samata Nagar Police Station, Mumbai. On the basis of the jurisdiction, the said complaint was transferred to the Mico Layout Police Station, Bengaluru. It is alleged in the complaint that the victim is resident of Bombay and she got married with one Mr. Kumar Gaurav on 24.05.2014. Because of difference of opinion, she started residing separately in Bengaluru as she was working in City Bank. It is further alleged that the accused was a co-employee in the said Bank. He came in contact with her and thereafter, they became good friends. The accused started showing his love towards the complainant an

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