i,-/"- W THE HIGH COURT OF JUDICATCRB AT BItASPUR PETITIONER RESPONDENTS &-.^«.P.»o.118/2008 ADand @ Pappu, S/o Shri Kanliaiya Lal Mishra, Aged about 25 years, R/o Near Sainath Prowision Store, House No. 27/96, New Shanti Nagar, P.S. Civil Lme, Raipur (C.G.). Versus 1. State of Chhatdsgarh, Through P.S. Ciml Line Raipur. 2. Anita Mishia, W/o Anaad @ Pappu Mishra, D/o Tulai Chaudhaiy, Aged about 21 years, R/o Near Ganga Flour Mffl, New SIianti Nagar, Raipiir (C.G.). CREMINAL MISCELLANEOUS PETITION UNDER SECTION 482 OF THE CODE OF CMMINAL PROCEDURE. (SB: Hou'ble MR. Justice T.P. Sharma) Present: Shri Pawan Kesharwani, Advocate for the petitioaer. Shri Rakesh Jha,Dy. G.A. for fhe respondent No.l/State. n ORDER (Passed on 14th March-2008) 1. This petition isdirected forquashinentof FIR bearimg No. 215/06 aad the proceediugs of Session Trial No. 110/07 pendiag before 14th Addl. Sessions Judge, Raipur. 2. Counsel for ftie parties heard at length. 3. On ftie basis of niaterial avaUabte on record aad hearing fhe parties at length, fhe 14th Additional Sessions Judge, (F.T.C.), Raipur has fi-amed the cbarge of offence punishable under .Section 376 of the IPC agauist the applicant The trial is ia progress. •I |i;:i ]',,! ^"^^ yiK"vW!S- a Iht.: igggip'w .^ <^ 4. It is vehinently argued oa behalf of the appUcant that the docuinent aad charge-sheet shows fhat the victun aad her husband are legaUy wedded spouses. Non-appUcaat No. 2 has reported the one place fhat she was subjected to rape on the pretax of iiiarriage and aaotfaer place she had reported that she is legally wedded wife of fhe appUcant, consequently when inore fhan oiie view is possible fhen the continuaace of proceediag wouM amount to abuse fhe process offhe Court. 5. Defuutely, when inore fhaa one view is possible then view favorable to accused xnay be accepted for conclusioa of trial. The trial has just begun. The PIR shows that on fhe pretax of marriage victun was subjected to rape by the appUcaat. These facts are sufficient for fi-amiag ofcharge of rape. 6. At the stage offeming cbaige Coiut is required to see fhat where there te a pnma facie luaterial available ou record for proceediag agaiast the accused, no xneticulous scrutiny of evidence as required at the stsvge of fi-anung cbarge and ftie serious doubt of coiiunission of offence is sufficient for fi-aaung the chai^e. After fi-amiag fbe charge prosecution is requit-ed to adduce the fegal and cluichin.g evidence ia oider to establish fhe chaccges against fhe accused. 7. After careful examiaation of ttie order impugned and copy of cbarge sheet, I do not find any illegalily or impropriety in the order unpugned. 8. Consequently, fhe petition beiug devoid of inerit is Uable to be dismissed aad it is hereby disinissed. Sd/- T.P.Sharma Judge Sl -Jl