Uttarakhand High Court
WPCRL/2371/2022 on 16 December, 2022
Author: S.K. Mishra
Bench: S.K. Mishra
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WPCRL No. 2371 of 2022
Hon'ble S.K. Mishra, J.
Ms. Shruti Joshi, the learned counsel for the petitioner.
Mr. J.S. Virk, the learned Dy. Advocate General for the State.
Heard.
Private respondent, i.e., complainant in this case is already married to one Narendra Singh Raipa, having two children out of the said wed-lock. She complains that the petitioner on a false promise of marriage had kept relationship with her and at present denying to marry her.
The learned counsel for the petitioner, in course of hearing of the matter, produces the documents purported to have been a panchayatnama wherein the Village Panchayat has minuted that private respondent failed to produce any decree of divorce, dissolving her marriage with the aforesaid Narendra Singh Raipa. Thereafter, the present FIR has been filed. The learned counsel for the petitioner to file said document through an affidavit.
Relying upon the ratio decided by the Hon'ble Supreme Court in Sonu @ Subhash Kumar vs. State of U.P. & Anr., passed in CRLA No. 233 of 2021 decided on 01.03.2021,, issue rule nisi.
Issue notice to respondent no. 3. Postal requisites for issuance of notice be filed within seven working days, returnable by six weeks.
List on 10.04.2023.
In the interregnum, the investigation shall go on but the petitioner shall not be arrested in pursuance to FIR dated 15.11.2022 registered as FIR No. 0037 of 2022, under Section 376 of the Penal Code, at P.S. Dharchula, District Pithoragarh, without leave of the Court. However, the petitioner is directed to cooperate with the investigating agency.
Interim relief application IA No. 1 of 2022 stands disposed of.
(S.K. Mishra, J.) 16.12.2022 (Grant certified copy as per rules) PV L