Alok Kumar Mahapatra v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 181 of 2020 Alok Kumar Mahapatra S/o Shri Ramkrishna Mahapatra Aged About 34 Years R/o Village Jhadigurmma (Orrisa) Police Station Tetlikhuti, District Navrang, Orrisa, Present Address- I.T.B.R. 5th Battalion Rajnandgaon Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Mohdhapara, District Raipur Chhattisgarh.

---- Respondent For Applicant : Mr. Atanu Ghosh, Advocate For Respondent/State : Mr. Priyanshu Gupta, Panel Lawyer Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 04-02-2020

1. This revision petition has been brought challenging the order framing charges against the applicant in the trial Court.

2. It is submitted by counsel for the applicant that on the basis of the written complaint filed by the prosecutrix and also in her statement given to the police under Section 161 of the Cr.P.C., it is very much clear that there had been a consensual physical relationship and affair between the applicant and the prosecutrix for about three years. Only because the applicant has refused to marry the prosecutrix, the FIR has been lodged with a deliberate intention to harass the applicant. Therefore, no case is made out for framing of charge against the applicant.

3. Learned State counsel opposes the submissions made and the grounds raised in the revision petition.

4. After perusing the copy of the charge-sheet which is filed alongwith the petition, I am of this view that the trial Court has not committed any error

-2in framing charge, however, the submission that has been made on behalf of the applicant in this revision petition are grounds of defence which he is at liberty to raise before the trial Court in his defence.

5. Accordingly, the revision petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi