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2023 Supreme(Raj) 1127

MANOJ KUMAR GARG
Kuldeep Kaur W/o Sh. Gurdas Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jitendra Singh Bhaleria
For the Respondent: Mr. Javed Gauri, PP Mr. N.K. Sharma

ORDER :

1. The instant criminal revision petition has been filed by the petitioners against the order dated 14.03.2022 passed by the learned Special Court POCSO Act & Commission for Protection of Child Rights Act, 2005 No.1, Srigangangar in Case No.45/2019 whereby the learned Court below has allowed the application under Section 319 Cr.P.C. and has taken the cognizance of the offence under Section 16/17 of POCSO Act against the petitioners and has called them by way of bailable warrant.

2. Learned counsel for the petitioners submits a specific allegation has been made against Gurpreet Singh for committing rape with the victim and no specific allegation has been levelled against the present petitioners and both the petitioners are women. Counsel further submits that after thorough investigation, Police submitted Final Report in this case, that no case is made out against the petitioners but later on after recording the statement of victim (PW-1), complainant filed an application under Section 319 Cr.P.C., which was allowed by the trial Court and took cognizance against the petitioners. Counsel has placed reliance on a decision of the Hon’ble Supreme Court in the case of Ramesh Chandra

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