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2022 Supreme(Del) 1583

RAJNISH BHATNAGAR
Swatantra Kumar Jaysawal – Appellant
Versus
State – Respondent


Advocates appeared:
Manoj Chaudhary, Advocate, Sachin Anand, Advocate, Rajesh Mahajan, Advocate, Jyoti Babbar, Advocate, Lalit Valecha, Advocate

JUDGMENT

Rajnish Bhatnagar, J. - The present petition has been filed by the petitioner under article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for quashing and cancelling the FIR No. 219/2021 under Section 376/323/506 IPC registered at P.S. Patparganj Industrial area and all the proceedings thereof.

2. Briefly stated, the facts of the case are that on 25.06.2021 an information from PCR vide DD No.54a was received at PS Patparganj Industrial area, wherein it was reported that Complainant was not telling anything about complaint but asking for urgent police assistance. accordingly, IO SI Moolchand reached the place of incident i.e. ICD Patparganj Custom office and met the complainant, who told that she had a scuffle with her male friend Swatantra (petitioner herein) and he had tried to assault her. The Complainant was brought to PS Patparganj Industrial area and further enquiry proceedings were marked to WSI anjali Rana. Initially, the complainant revealed only about the scuffle and was hesitating in disclosing further facts, but later she disclosed regarding act of sexual assault having been committed upon her by accused Swatantra J

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