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2021 Supreme(HP) 292

CHANDER BHUSAN BAROWALIA
Sajjad Ali – Appellant
Versus
State Of Himachal Pradesh & Anr. – Respondent


Advocates appeared:
Rajesh Kumar Parmar, Advocate, Adarsh Kumar Sharma, Advocate, Yudhbir Singh Thakur, Advocate, Dhananjay Sharma, Advocate

JUDGMENT

Chander Bhusan Barowalia, J. - The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No.36 of 2015, dated 25.2.2015, under Sections 363, 366A, 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, registered at Police Station Baddi, District Solan, H.P.

2. Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that on 25.2.2015, complainant, Rajiv Kumar, lodged a complaint at Police Station, Baddi that his niece, who was 16 years of age, had gone to school on 11.2.2015, but she has not come back. Complainant stated in the complaint that he has a suspicion that the petitioner has allured his niece on the pretext of marriage and they have run away . On the basis of aforesaid complaint, police started the investigation and finally on 1.3.2015, recovered niece of the complainant from Raja Vihar, Delhi. Niece of the complainant was found to be living with the petitioner at Delhi, in a rented accommodation. Immediately the police arrested the petitioner and brought him to Baddi. Pol

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