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2021 Supreme(UK) 712

RAVINDRA MAITHANI
NITIN SHARMA ALIAS NITIN KAPIL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Applicant :Mr. Raj Kumar Singh, Advocate
For the State :Mr. Pratiroop Pandey, A.G.A. and Mr. Hari Mohan Bhatia, Advocate

JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The instant petition has been filed challenging the impugned summoning/cognizance order dated 13.10.2020, passed in Special Sessions Trial No. 19 of 2020, State Vs. Nitin Sharma, pending in the court of District and Sessions Judge, Haridwar (for short, “the case") as well as the entire proceedings of the case.

2. Facts necessary to decide the controversy, briefly stated, are as follows:-

The respondent no.2 is the prosecutrix (“the prosecutrix), who filed an FIR on 16.06.2020 against the petitioner under Section 376 and 506 IPC. According to it, the prosecutrix had been working for the last 3 years since then, in a company in Human Resource Department. She was staying in Haridwar. She had also joined a Gym, where she met the petitioner. They both used to exercise together. During that period, the petitioner proposed the prosecutrix for friendship. They became friends and in due course of time, their friendship deepened. The petitioner proposed the prosecutrix for marriage, he visited the residence of the prosecutrix and established physical relations with her. The prosecutrix was also happy that the petitioner would marry her. But, subseq

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