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2021 Supreme(All) 92

RAJEEV MISRA
Chandra Pal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Sunil Kumar Yadav

JUDGMENT :

1. Heard Mr. Sunil Kumar Yadav, learned counsel for applicant and learned A.G.A. for State.

2. This application under Section 482 Cr.P.C. has been filed challenging order dated 18.09.2020 passed by Additional Chief Judicial Magistrate/Additional Civil Judge (Sr. Div.) Court No.3, Aligarh in Case Crime No. 338 of 2019 under Sections 62, 63, 72 U.P. Excise Act, Police Station-Akbarabad, District-Aligarh as well as order dated 31.10.2020 passed by Additional Sessions Judge/POCSO Act, Court No.02, Aligarh in Criminal Revision No. 136 of 2020 (Chandra Pal Vs. State of U.P.) under Sections-396, 397 Cr.P.C., arising out of order dated 18.9.2020, whereby above-mentioned criminal revision has been dismissed.

3. Record shows that in respect of an incident which occurred on 29.12.2021, an F.I.R. dated 29.12.2019 was lodged and was registered as Case Crime No.0338 of 2019 under Section 62, 63, 72 of U.P. Excise Act, Police Station-Akbarabad, District-Aligarh. In the aforesaid F.I.R., two unknown persons who were sitting in vehicle No. DL. 4 VB 8839 but fled away from spot were no

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