IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2274 of 2008 PRANAV SWAROOP @ DABLOO Versus THE STATE OF BIHAR ----------- 6 5.5.2010 Heard counsel for the petitioner and the State. The petitioner prays for quashing the order dated 10.12.2007 passed by the learned A.C.J.M., Dalsinghsarai in Ujiarpur P.S.Case No.130 of 2006 whereby he has taken cognizance of offence under sections 376 and 323 of the Penal Code against the petitioner. Learned counsel for the petitioner submits that the impugned order is malicious and vexatious and continuance of prosecution would be an abuse of process of the court. In fact the husband of Opposite party no.2 has filed a case of abduction being Ujiarpur P.S. Case No.19 of 2007 under sections 364, 368, 323 of the Penal Code. In the aforesaid case, the Opposite party no.2 deposed that in fact the parents of her previous husband used to persuade her to have physical relationship with this petitioner. She stated that in course of time she developed affection with this petitioner and also had a female child from her physical relationship with the petitioner. Further, the Opposite party no.2 in her deposition had stated that she had married the petitioner on 21.1.2007 and was forced to lodge the false case against the petitioner. The petitioner submits that none of the independent witnesses have supported the prosecution case. The petitioner has also relied upon a decision of the Apex Court in the case 2 KHAN of R.P.Kapur vs State of Punjab, reported in 1960 SC 866 and State of Haryana & ors Vs Bhajan Lal & Ors, reported in 1992 SC 604. Counsel for the Opposite party submits that the informant had supported the prosecution case in her statement recorded under section164 Cr.P.C. He further submits that Annexure-5 which is a defence of the accused petitioner cannot be looked into at this stage. The police after investigation submitted charge sheet against the petitioner. It appears that the informant has made an allegation of rape against the petitioner. The police after investigation submitted charge sheet against the petitioner. Although, the Annexure-5 prima facie supports the submission of the petitioner but this court is not inclined to look into the aforesaid documents at this stage. This application is accordingly dismissed. However, dismissal of this application will not come in the way of the petitioner to raise all these points at the time of framing of charge. (S.P.Singh,J)