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2022 Supreme(Kar) 168

H.P.SANDESH
Shabanna Taj D/o Pyare Jan – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Raghavendra Gowda K., Mohankumara D.
For the Respondents: H.S. Shankar, Prabhugoud B. Tumbigi.

ORDER :

1. This petition is filed under Section 439(2) of Cr.P.C. seeking cancellation of the order dated 04.04.2022 passed in Crl. Misc. No. 3084/2022 by the LIII Additional City Civil and Sessions Special Judge, Bengaluru in favour of the respondent No. 2 for the offences punishable under Sections 323, 376, 420, 506 of IPC.

2. Heard the learned counsel appearing for the petitioner, the learned High Court Government Pleader appearing for the first respondent-State and the learned counsel appearing for the second respondent.

3. The factual matrix of the case is that the complainant/victim had filed the private complaint before the Court making allegation against respondent No. 2 that he being a Police Constable, promised the victim that he would marry her and on that guise, he subjected her for sexual act continuously from 2019 till the date of giving the complaint i.e., in the month of February 2022 but, he has not married the complainant. Firstly, on 14.02.2022, the complainant had approached the Police Inspector, Mahadevapura Police Station where respondent No. 2 was working alleging cheating and subjecting her for sexual act under the guise of marrying her, from 2019, but, the sai

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