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2022 Supreme(All) 136

Mohit Sharma – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Yadvendra Mani Mishra

JUDGMENT :

1. Heard learned counsel for the applicant, learned A.G.A. for the State by means of Video-Conferencing and perused the record.

2. This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 02.12.2021 passed by Addl. District & Sessions Judge/Special Judge, (POCSO Act), Court No. 1, Muzaffar Nagar in S.T. No. 410 of 2018 (State Vs. Mohit Sharma) arising out of Case Crime No. 1426 pf 2016 under Sections 363, 376-D, 377 IPC & Section 3/4 of POCSO Act, P.S. New Mandi, District Muzaffar Nagar whereby applicant's discharge application under Section 227 Cr.P.C. has been rejected.

3. Submission of learned counsel for the applicant is that applicant has been falsely implicated in this case. Applicant has not committed the alleged offence. Impugned order dated 2.12.2021 has been wrongly passed. There is no evidence against the applicant so charge cannot be framed against him, hence, this Petition.

4. Per-contra, learned A.G.A. opposed the prayer and submitted that victim in her statement under Sections 161 and 164 Cr.P.C. has implicated the applicant. Statement of victim is itself sufficient for framing the charge against the applicant.

5. In

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