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2021 Supreme(All) 1186

Jeeshan @ Jeeshan Ansari – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mohammad Waseem.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri. M.P. Singh Yadav, holding brief of Sri. Mohammad Waseem, learned counsel for the applicant and Sri. Vinod Kant, learned Additional Advocate General along with Sri. Arvind Kumar, learned Additional Government Advocate appearing for the State-opposite party.

2. The present application under Section 482 Cr.P.C. has been filed seeking to quash the order dated 12.08.2021 passed by the Additional Sessions Judge/Special Judge (POCSO Act) Court No. 1, District Bareilly in Special Case No. 10 of 2020, arising out of Case Crime No. 154 of 2018 (State vs. Jeeshan) under Sections 363, 366, 376 (2) IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 [POCSO Act] Police Station Hafizganj, District Bareilly on the application filed by the applicant under Section 311 Cr.P.C. dated 10.08.2021 and also to direct the court below to re-consider the application filed by the applicant under Section 311 Cr.P.C. dated 10.08.2021.

3. The order dated 12.08.2021 dismissing the application filed by the applicant herein under Section 311 Cr.P.C. has taken notice of the fact that the examination-in-chief of PW-2 (victim) was recorded on

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