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2018 Supreme(Raj) 1660

PUSHPENDRA SINGH BHATI
Sonu – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Pritam Joshi, Advocate, for the Appellant; Mr. MS Panwar, PP, Mr. Pukha Ram, SI P.S. Odyogik Kshetra, Pali, Advocate, for the Respondent

JUDGMENT

Pushpendra Singh Bhati, J. - Petitioners have preferred this misc. petition under Section 482 Cr.P.C., 1973 for quashing of the FIR No.93/2017 registered at P.S. Odyogik Kshetra, District Pali for the offence under Sections 380, 363, 366 of the IPC and Section 16 & 17 of the POCSO Act, 2012 and for protection of life and liberty of the petitioners.

2. An FIR bearing No.93/2017 was lodged by Smt. Vimla, the mother of the petitioner No.1 which was registered at Police Station Odyogik Kshetra, District Pali with an allegation that the accused petitioner No.2 abducted and confined her daughter.

3. The petitioner No.1 and petitioner No.2 as identified by the counsel for the petitioner are present in person in the Court.

4. The Investigating Officer is also present in person in compliance of the order dated 16.11.2017.

5. Learned Public Prosecutor and Investigating Officer stated that though the girl is major but at the time of lodging of the FIR on 08.04.2017, the girl was a minor, and therefore, he was not in a position to close the investigation. Further a statement has been made that as per the school record, the date of birth of the petitioner No.1 is 23.08.1999.

6. On being

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