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2024 Supreme(P&H) 137

SUMEET GOEL
Sunny Bajwa – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Mr. Ranjan Lakhanpal, Mr. Adhiraj Singh AAG, Punjab, Mr. Nitin Rathor, Mr. K.K. Gupta

Judgment

Mr. Sumeet Goel, J.

The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 laying challenge to the order dated 08.03.2021 passed by Special Judge, SAS Nagar, Punjab whereby application; filed under Section 311 of Code of Criminal Procedure, 1973 (hereinafter to be referred as the ‘Cr.P.C.’), for re-examining the victim/PW-2 as also for providing necessary protection to her as also her family, has been dismissed.

Factual backdrop

2. A FIR bearing No.78 dated 22.08.2020 came to be registered at Police Station Kurali, District SAS Nagar, Punjab under Sections 376/506/120-B of IPC and Section 6 of POCSO Act, 2012 and Section 67-B of I.T. Act (added later on), relevant whereof reads as under:-

“Copy of statement of Parminder Kaur wife of Sarabjit Singh resident of House No. 548 ward No. 12 Singhpura Road Kurali, presently tenant of Indira Rani wife of Pal Singh, resident of ward No. 9 Kurali, Police Station City Kurali, District SAS Nagar, age around 44 years. Mobile No. 95923-75665 state that I am resident of the abovementioned address. I am working at a canteen at Focal Point Chanalon Plot No. 18. I was married to Sarabjit Singh son of Avtar

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