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2021 Supreme(All) 655

J.J.MUNIR
Jagdish Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Revisionist : Abhishek Yadav, Tulsi Singh Yadav.
For the Opposite Party : G.A. Ashutosh Kumar Pandey.

JUDGMENT :

Heard Mr. Abhishek Yadav, learned Counsel for the revisionist and Mr. Vinod Kant, the learned Additional Advocate General assisted by Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate on behalf of the State of Uttar Pradesh.

2. This revision has been preferred, challenging an order dated 04.12.2020 passed by the Additional Sessions Judge (POCSO Act), Chandauli, in Misc. Case No. 287 of 2020 (arising out of Case Crime No. 73 of 2020) under Section 363 of the Indian Penal Code, 1860, [for short “the Penal Code”], Police Station - Balua, District - Chandauli.

3. It appears that the said case had arisen on an application made by the first informant, seeking a direction to the Superintendent of Police, Chandauli to undertake further investigation. This application has been made at a stage when Sessions Trial No. 73 of 2020, arising from the First Information Report giving rise to the crime, is pending on the basis of cognizance taken of a charge-sheet submitted by the Investigating Officer, charging opposite party no. 2 Sonu Kumar Gaud alone of offences punishable under Sections 363, 366, 376 of the Penal Code and Section 3/4 of the Protection of Children from Se

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