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2013 Supreme(Del) 2196

HIMA KOHLI
Jagdish Nautjyal – Appellant
Versus
State – Respondent


Advocates:
For the Petitioner:Mr. Prem Kumar Adv. with Mr. Rakesh Kumar, Advocate.
For the State : Mr. Naveen Sharma, Addl. PP.

JUDGMENT :

Hima Kohli J.

1. The present petition has been filed by the petitioner under Section 397 read with Section 401 Cr.PC praying inter alia for set-ling aside the order on charge dated 02.07.2013 passed by the learned ASJ in respect of case FIR No.67/2011, lodged under Sections 376/420 IPC.

2. Before dealing with the submissions of the counsel for the petitioner, a brief reference to the relevant facts of the case leading to the registering of the FIR is considered necessary.

3. In a nutshell, the facts of the case are that the complainant/prosecutrix had alleged commission of offences of cheating, rape and bigamy against the petitioner. She had stated that in the year 1994, she was married to one Shri Sushi I Kumar and from out of the said wedlock, she had a daughter. However, Shri Sushil Kumar had expired in the year 2010. Soon thereafter, the accused, who had a friendly relationship with the dec-eased husband of the prosecutrix, had approached her and proposed to marry her on the representation that he was unmarried. The prosecutrix claimed that relying on the statement made by the petitioner/accused, she had accepted the proposal and both the parties had got married on 11.05









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