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2021 Supreme(Del) 667

MANOJ KUMAR OHRI
In the Matter of: Hari Dev Acharya @ Pranavanand and Others – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. R.N. Mittal, Mr. Rishi Bharadwaj, Mr. Abhiesumat Gupta.
For the Respondents: Mr. Panna Lal Sharma, Mr. Sowjhanya Shankaran, Mr. Siddharth Satija, Ms. Priya Watwani.

JUDGMENT :

MANOJ KUMAR OHRI, J.

1. The above-noted petitions have been filed under Section 482 Cr.P.C. on behalf of the petitioners assailing the summoning order dated 22.11.2018 passed by the learned ASJ-01/Special Court (POCSO), South District, Saket Court, New Delhi in CIS/SC No. 220/18 as well as the supplementary charge-sheets filed on 22.05.2018 and 22.08.2018 in the aforesaid case.

2. Briefly stated the facts involved in the present case are that on a complaint lodged by the child victim/complainant on 04.09.2017, FIR No. 304/2017 came to be registered under Section 377 IPC and Section 10 of the POCSO Act against one Nikhil Arya and others. In this complaint, the child victim had alleged that during his stay at the stated Gurukul, he was harassed for the last one and half month. It was further stated that on the intervening night of 04/05.08.2017 at about 12:50 in the night, Nikhil Arya, after awakening him, took him to the teacher's room and sexually exploited him. The child victim immediately informed the same to one Raman and thereafter went to Police Station Hauz Khas. His mother was called to the police station at about 2:30 in the night and to avoid any insult, they enter

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