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2022 Supreme(Pat) 1088

RAJESH KUMAR VERMA
Somesh Kumar Mishra @ Mishra Somesh Kumar Shivkumar S/o Shiv Kumar Mishra – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mrs. Susmita Lal, Advocate, Mr.Ambuj Kumar Chandra, Advocate, Mr. Kamakhya Srivastava
For the Opposite Party : Mr. Kamakhya Srivastava, A.P.P.

JUDGMENT :

Heard Mrs. Susmita Lal, learned counsel for the petitioner and Mr. Kamakhya Srivastava, learned APP for the State.

2. The present quashing application has been filed for quashing of the First Information Report (For short ‘FIR), which has given rise of Bhagalpur (Mahila) P.S.Case No.06 of 2020, under Sections 323, 341, 420, 376, 506 of the Indian Penal Code and Section 67(A) of the Information Technology Act.

3. The informant’s case, as unfolded by the First Information Report, based on an E.Mail by the informant to the Bihar Police Academy, Rajgir on 03.12.2019. According to statement/fardbeyan of the informant is that the informant is cousin sister of the accused and he sexually exploited her from the year 2009 to 2012 and again in the year 2018 he started to harass the informant by making calls in her office and messaging her and threatening her and then she complained about it in Bihar Police Academy through email where the accused petitioner was getting his training.

4. Treating the said statement/fardbeyan as First Information Report, Bhagalpur (Mahila) P.S.Case No.06 of 2020, under Sections 323,341,420,376,506 of the Indian Penal Code and Section 67(A) of the Informat

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