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2023 Supreme(Del) 5332

SUDHIR KUMAR JAIN
Sakh Alam @ Shekh Alam – Appellant
Versus
State (Govt. of Nct, Delhi) – Respondent


Advocates appeared:
Mr. Amjad Khan, Advocate. Petitioner through VC, for the Petitioner.
Mr. Utkarsh, APP for State/R-1 with SI Sarita (Main IO) and SI Rashmi (Deputed IO), P.S. BHD Nagar.
Mr. Sumit Kumar, Advocate for R-2 with R-2 in person.

JUDGMENT (Oral)

1. The present petition is filed under section 482 Cr.P.C. for quashing of FIR bearing no. 0360/2020 dated 20.04.2020 registered under section 376 IPC and section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) at P.S. Baba Haridas Nagar along with consequential proceedings including judicial proceedings stated to be pending in the court of Sh. Manu Goel Kharb, ASJ (FTSC)(POCSO)-02, Dwarka Courts, New Delhi/Successor Court.

2. Issue notice.

3. Mr. Utkarsh, Additional Public Prosecutor assisted by the Investigating Officer SI Rashmi, P.S. Baba Haridas Nagar, accepts notice on behalf of the State/respondent no. 1. The respondent no. 2 is present in person alongwith counsel and accepts notice.

4. The perusal of FIR bearing no. 0360/2020 reflects that it was got registered on the basis of complaint made by the respondent no. 2 pertaining to the allegations as mentioned in the FIR wherein the petitioner was implicated. The petitioner and the respondent no. 2 are identified by their respective counsel as well as by the Investigating Officer SI Rashmi, P.S. Baba Haridas Nagar. After completion of investigation, the charge-sheet was filed under sectio

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