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2018 Supreme(All) 2204

RAJEEV MISRA
Ram Dayal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Anjani Kumar, Dhiraj Srivastava.
For the Respondent: G.A., Piyush Tripathi.

JUDGMENT :

Rajeev Misra, J.

1. This application under Section 482 Cr.P.C. has been filed by the accused applicants challenging the summoning order dated 12.4.2018, the consequential order dated 11.5.2018 (whereby non bailable warrants have been issued against the applicants) passed by the First Additional Sessions Judge, Sonbhadra in Sessions Trial No. 23/2016 State Vs. Ram Dayal and Others, under Section 376 D, 506 IPC, Section 5(6) 6 POCSO Act and Section 3(2)(5) SC/ST Act, Police Station Myorpur, District Sonbhadra as well as the entire proceedings of the above mentioned complaint case.

2. Mr. B.K. Srivastava, the learned Senior Counsel assisted by Mr. Dhiraj Srivastava and Mr. Anjani Kumar Advocates for the applicants, the learned A.G.A. for the State and Mr. Piyush Tripathi Advocate, for the complainant opposite party No.2 have been heard at length and in detail.

3. The facts necessary for the present adjudication portray that an incident is alleged to have occurred on 20.12.2014 in which Manju Kumari the daughter of the complainant opposite party No.2 aged about 13 years is alleged to have been gang raped by the applicants. According to the opposite party No.2 inspite of the best






































































































































































































































































































































































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