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IN THE HIGH COURT OF MADHYA PRADESH


AT JABALPUR
MCRC No. 44263 of 2023
(CHAND SINGH PAHALWAN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 12-10-2023
Shri Sanjay Agrawal - Senior Advocate along with Ms. Arti Dwivedi -

Advocate for applicants.


Shri Narendra Chourasiya - Govt. Advocate for the State.

Issue notice to respondent No.1 on payment of PF within seven days.


Notice be made returnable within four weeks.

Learned Govt. Advocate is directed to call for the case diary.


Learned Senior Advocate for applicants submitted that the applicants are
parents and sisters of accused person. As per prosecution version, main
accused in the case abducted the prosecutrix from Bhopal and took her to his
house at Haryana and thereafter went to Chandigarh. It is submitted that in initial
statements and 164 of prosecutrix, no allegation was made against applicants.
First time allegation was made against applicants on 03.05.2023. It is submitted
that as an afterthought, all the family members were made as accused in case of
rape. It is submitted that case is of love affairs between main accused and

prosecutrix. Prosecutrix and main accused have married each other and later
on, false FIR against all the family members has been registered.
Considering facts and circumstances of the case, it is directed that till
next date of hearing, further proceedings of Special Case No.76/2023 pending
before the Court of 19th Sessions Judge/Special Judge (POCSO Act), Bhopal
shall remain stayed.
Learned counsel for applicant is also at liberty to serve the respondent
no.2 by other means like Whatsapp or E-Mail and file an affidavit regarding
Signature Not Verified
Signed by: PANKAJ NAGLE
Signing time: 10/13/2023
2:23:10 PM
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service of notice in this regard.


List in the week commencing 20.11.2023.

(VISHAL DHAGAT)
JUDGE

pn

Signature Not Verified


Signed by: PANKAJ NAGLE
Signing time: 10/13/2023
2:23:10 PM

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