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2023 Supreme(Pat) 1132

CHAKRADHARI SHARAN SINGH
Chandradeep Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s Sanjay Kumar, Akash Anand.
For the Opp. Party State : Mr. Md. Fahimuddin, APP.

Chakradhari Sharan Singh, J. – The petitioner has mentioned the name of the victim in the cause title of this application, who is opposite party No.2. Let the name of the victim be marked by using whitener in the cause title of the application and let she be referred to as X, so as to conceal her identity.

2. This application has been filed under Section 482 of the CrPC seeking quashing of an order dated 30.01.2023 passed in Sessions Trial No. 478 of 2022 arising out of Mahila P.S. Case No. 15 of 2022 by the learned Additional Sessions Judge 1st, Biharsharif (Nalanda), whereby the learned court below has directed for adding Sections 4 and 6 of the Protection of Children from Sexual Offences Act (POCSO Act).

3. Mahila P.S. Case No. 15 of 2022 came to be registered for the offences punishable under Sections 376, 313, 341, 323, 504 read with 34 of the IPC and Section 3/4 of the Dowry Prohibition Act, whereupon cognizance was taken by the court below after submission of charge-sheet for the aforesaid Sections of the IPC and the Dowry Prohibition Act on 04.08.2022.

4. It is the prosecution’s case, in brief, that a written complaint was filed by the opposite party No.2 alleging, inter alia,

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