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2022 Supreme(All) 151

SUBHASH VIDYARTHI
Lalli @ Siv Lali – Appellant
Versus
State Of U. P. Thru. Its Secy. Home – Respondent


Advocates:
Advocate Appeared
For the Appellant : Arvind Kumar

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Mr. Arvind Kumar, learned counsel for the applicants and Mr. Prem Prakash, learned AGA for the State.

2. By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of summoning order and the order dated 12.10.2017 passed by the Additional Sessions Judge, Court No. 5, Barabanki in C.T. No. 39/2017 as well as charge-sheet No. 127/2016 dated 04.09.2016 in case Crime No. 90/2016, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Ramnagar, District Barabanki.

3. The facts of the case, briefly stated, are that on 29.03.2015 a first information report under Sections 363, 366 IPC was lodged at Police Station Ramnagar, District Barabanki by the opposite party no. 2, Ghan Shyam, father of the applicant no. 1 alleging that Parvesh, Nandu, Pratap and wife of Parvesh have enticed away his daughter-applicant no. 1 alleged to be 15 years of age. Although the applicant no. 2 was not named in the FIR, his name was subsequently added and the name of all the persons made accused in the FIR were expunged upon coming into the light the fact that the applicant no. 1 had married with applicant no. 2.

4. The appli

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