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2022 Supreme(All) 156

ANIL KUMAR OJHA
Aditya Kumar Singh – Appellant
Versus
State of U. P – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mohit Singh, Kaushal Kumar

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 entire proceedings of Case No. 8437 of 2020, State Vs. Aditya Kumar Singh, arising out of Case Crime No. 0236 of 2019 under Section 376 I.P.C., P.S. Shahpur, District Gorakhpur pending in the Court of Additional Chief Judicial Magistrate, Court No. 2, Gorakhpur and also to quash the impugned charge-sheet dated 11.08.2019 submitted in the aforesaid case as well as the impugned cognizance order dated 07.07.2020 passed by A.C.J.M.-3, Gorakhpur and non-bailable warrants issued against the applicant vide order dated 03.03.2021.

3. Allegation against the applicant, Aditya Kumar Singh is that applicant and O.P. No. 2 were known to each-other since last four years of the alleged incident. On 23.03.2019 at about 5:00 p.m. in the evening, applicant came to the house of O.P. No. 2 along with sweets. Applicant administered some intoxicating substance along with sweets to O.P. No. 2, thereafter O.P. No. 2 became unconscious. Applicant forcibly committed rape upon O.P. No. 2,

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