Heard learned counsel for the applicant and the learned AGA for the State- respondent.
The present 482 Cr.P.C. petition has been filed for quashing the proceedings of case crime no. 154 of 2009(S.T. No. 507 of 2009) under sections 363, 366, 376 I.P.C. P.S. Malwan,pending before the Additional Sessions Judge Court no.9 Fatehpur.
It is contended by the learned counsel for the applicant that opposite party no.3 married with applicant on her own free will. She is major and living with the applicant.It is further contended that the statement of Renu Singh, opposite party no.3 has been recorded under section 164 Cr.P.C.(Annexure- 3 ) in which there was no allegation of rape, thus no offence is made out against the applicant under the charged section.
Issue notices to opposite party nos.2 and 3returnable within four weeks. Steps be taken within one week.
Learned AGA prays for and is granted four weeks time to file counter affidavit. Opposite party no.2 and 3 may also file counter affidavit within the same period. As prayed by learned counsel for the applicant two weeks thereafter is granted for filing rejoinder affidavit. List after expiry of the aforesaid period, before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 16.6.2010 Aks