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2019 Supreme(SC) 1156

L.NAGESWARA RAO, HEMANT GUPTA
Mani Pushpak Joshi – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Appellant(s) :Naresh Kaushik, Vardhman Kaushik, Manoj Joshi, Lakshay Juneja, Rahul Sharma, Sandeep Tiwari, Girish Chandra Joshi, Lalitha Kaushik, Lalita Kaushik, Advocates
For the Respondent(s):Vikas Negi, Jaswant Singh Rawat, Amol Chitravanshi, Kuldeep Parihar, Aishwarya Bhati, Sanpreet Singh Asmani, Manohar Pratap, Chitrangada Rashtravara, Varun Mishra, Manju Jetley, , Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeal is to an order passed by the High Court of Uttarakhand at Nainital on April 3, 2019 whereby, revision against an order of summoning of appellant under Section 319 of the Code of Criminal Procedure, 1973 (for short ‘Code’) remained unsuccessful.

2. An FIR was lodged by Harpreet Singh, father of prosecutrix (aged about 6 years), on April 19, 2017 at 1:23 p.m. about sexual assault on her daughter. The FIR reads as under:

“My daughter xxxx who is 6 years old has been mentally and physically harassed for 4-5 months in her school Aurum the Global School Haldwani. My daughter was very upset mentally for several days and would cry bitterly when asked to go to School. On my asking several times, she told me and my wife that in her School a teacher touched her private parts deliberately. He would take her to the bathroom, close her eyes and then would insert a stick like object in her vagina. This teacher had frightened her and he had instigated her not to talk about this matter to anyone. My daughter even told me that, whenever she went to the bathroom, he would follow her and molest her there. Today, we showed the picture of th

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