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2017 Supreme(All) 383

SURYA PRAKASH KESARWANI
MANJU DEVI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Shailesh Kumar Tripathi for the Applicant; G.A. for the Respondents.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard learned counsel for the applicant and the learned A.G.A.

2. This criminal misc. application under Section 482 Cr.P.C. has been filed praying to quash the order dated 17.1.2017 in Case No. 52 of 2016 (Manju Devi v. Sanjay Yadav and others) passed by the Court of Additional Session Judge, Court No. 9, Varanasi under Section 376-D, 323, 506 IPC and Section 4 of Protection of Children from Sexual Offences Act, (hereinafter to be referred as ‘POCSO Act’), P.S. Jansa, District Varanasi

3. Briefly stated facts of the present case are that on an application dated 6.7.2016 was filed by the applicant under Section 156(3) of the Criminal Procedure Code (hereinafter to be referred as ‘Cr.P.C.’) a complaint case being Case No. 52 of 2016 was registered. The aforesaid case has been rejected by the impugned order dated 17.1.2017 on the ground that there is no evidence of sexual assault by the accused, it is not clear from the medical examination report that the applicant has been sexually assaulted and the applicant could not clarify that what she did mean by the allegation of “Galat Kaam”.

4. Learned counsel for the applicant submits that in para






























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