Heard learned counsel for the petitioner and learned APP.
Learned counsel for the petitioner submits that the courts below, namely, the learned Judicial Magistrate, First Class, Rajula and the learned Second Additional Sessions Judge, Rajula, erred in exercising power under Section 319 of the Code of Criminal Procedure, 1973 ordering the petitioner to arraign as an accused and the orders impugned are passed in absence of any specific material and on a bare version of the complainant against the weight of other comparative evidence in the form of FSL report and other documentary evidence, and contrary to the law laid down by this Court in paragraph 10 of the oral judgment dated 17.6.2010 in Criminal Misc. Application No.1620 of 2010 with Criminal Misc. Application No.1636 of 2010.
Considering the above, Rule.
Interim relief in terms of paragraph 9(B) qua the petitioner. Pendency of this petition or grant of interim relief by this order will not come in the way of trial and the trial shall proceed further.
(ANANT S. DAVE, J.) (swamy) Top