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2016 Supreme(Raj) 502

SANDEEP MEHTA
Hanuman Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Vineet Jain
For the Respondents: Arjun Singh Rathore, Siddharth Karwasra

JUDGMENT :

Sandeep Mehta, J.

By way of this miscellaneous petition, the petitioners have approached this Court assailing the order dated 12.06.2014 passed by the learned Sessions Judge, Balotra in connection with FIR Case No. 106/2013 and Final Report No. 87/2013 whereby, the learned Sessions Judge rejected the final report submitted by the police and, while taking cognizance of the offences under Sections 366-A, 376-G IPC and Section 5/6 of the POCSO Act, against the petitioners directed that they be summoned through warrants of arrest.

2. Learned counsel for the petitioners submits that investigation was conducted by senior officials of the police department who found the case to be false. Scientific evidence by way of call details were collected by the I.O. which established beyond all manner of do but that the allegations of the prosecutrix are totally false. However, he contends that as the order taking cognizance on the FR is an ex-parte order, the petitioners be allowed to appear before the trial court and to raise all their contentions, at the stage of framing of charges. However, as per him, looking to the well supported finding recorded by the investigating officer in the fi









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