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2022 Supreme(Jhk) 940

SANJAY KUMAR DWIVEDI
Afan Ansari son of Safruddin Ansari – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner:Mr. Bibhash Sinha, Advocate
For the State : Mr. Ashok Kumar Yadav, Sr. S.C.-I Mr. Rituraj, A.C. to Sr. S.C.-I Ms. Priyanka Boby, A.C. to Sr. S.C.-I

ORDER

Heard Mr. Bibhash Sinha, learned counsel for the petitioner and Mr. Ashok Kumar Yadav assisted by Mr. Rituraj and Ms. Priyanka Boby, learned counsel for the State.

2. This petition has been filed for quashing the order dated 15.09.2022 passed by the learned Special Judge, POCSO, Ranchi in POCSO Case No.89 of 2020 (Chanho P.S. Case No.89 of 2020), whereby, the petition dated 07.07.2022 filed on behalf of the petitioner for his DNA examination and the child is rejected, pending in the court of the learned Special Judge, POCSO, Ranchi. The prayer is also made for direction for DNA examination of the petitioner and the child in POCSO Case No.89 of 2020 (Chanho P.S. Case No.89 of 2020).

3. Mr. Bibhash Sinha, learned counsel for the petitioner submitted that in a mechanical way, charge-sheet has been submitted against the petitioner for an alleged offence under Section 376 of the Indian Penal Code (IPC) as well as under Section 4/6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. Thereafter, the charges have been framed against the petitioner and he was put on trial. He further submitted that nine witnesses have already been examined and upon closure of the pros

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