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Even though a Man was outside India still Rape case was filed against him | भले ही एक आदमी भारत से बाहर था फिर भी उसके खिलाफ बलात्कार का मामला दर्ज किया गया




Manish v/s. The State of Maharashtra & ors. 

This is an application for a preliminary inquiry under Section 340 of the Code of Criminal Procedure, 1973 in India, in order to launch a complaint against certain individuals under various sections of the Indian Penal Code. 

The Court passed an order to gather original records and proceedings related to a B summary report that was decided on December 15, 2020. 

The court mentions that according to the ruling in Union of India and others v/s. Haresh Milani 2017(4) Mh.L.J.441, it is not necessary to hear the other side while making a preliminary inquiry. 

The inquiry is being made in relation to an incident where the informant claims they were raped by the applicant and another individual under the promise of a job as a receptionist in a hotel. The investigation revealed that the applicant was not in the country on the date of the alleged incident, and the other individual was not present at the location of the alleged incident.

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मनीष बनाम। महाराष्ट्र राज्य और अन्य।

यह भारतीय दंड संहिता की विभिन्न धाराओं के तहत कुछ व्यक्तियों के खिलाफ शिकायत शुरू करने के लिए भारत में दंड प्रक्रिया संहिता, 1973 की धारा 340 के तहत प्रारंभिक जांच के लिए एक आवेदन है।

कोर्ट ने 15 दिसंबर, 2020 को तय की गई बी सारांश रिपोर्ट से संबंधित मूल रिकॉर्ड और कार्यवाही को इकट्ठा करने का आदेश पारित किया।

अदालत ने उल्लेख किया है कि भारत संघ और अन्य v/s में शासन के अनुसार। हरेश मिलानी 2017(4) एमएच.एल.जे.441, प्रारंभिक जांच करते समय दूसरे पक्ष को सुनना जरूरी नहीं है।

पूछताछ एक ऐसी घटना के संबंध में की जा रही है जहां मुखबिर का दावा है कि एक होटल में रिसेप्शनिस्ट के रूप में नौकरी के वादे के तहत आवेदक और एक अन्य व्यक्ति द्वारा उनके साथ बलात्कार किया गया था। जांच से पता चला कि कथित घटना के दिन आवेदक देश में नहीं था, और अन्य व्यक्ति कथित घटना के स्थान पर मौजूद नहीं था।

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