Adesh Kumar vs State of U. P. - 2020 Supreme(All) 1529

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(All) 1529

SHAMIM AHMED
Adesh Kumar – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Applicant : Rajesh Dwivedi.

JUDGMENT :

[Shamim Ahmed, J.]

1. Heard Shri Rajesh Dwivedi, learned counsel for the applicant as well as learned Additional Government Advocate and perused the record.

2. This application under Section 482 Cr.P.C. has been preferred for quashing of the impugned order dated 15.10.2019 passed by the Special Judge (Protection of Children from Sexual Offences Act, 2012)/VIII Additional District and Sessions Judge, Kanpur Dehat in application No. 28 Kha under Section 54 of Cr.P.C. filed by the applicant in Special Sessions Trial No. 167 of 2017 (State v. Adesh Kumar) and further prayed to direct the Court below to pass an appropriate order for DNA Test/Narco Test as mentioned in the application No. 28 Kha as well as other legal enquiry.

3. Learned counsel for the applicant submits that an F.I.R was lodged on 20.2.2017 which was registered as Case Crime No. 28 of 2017, under Section 376, 506 I.P.C. and Section 4 of Protection of Children from Sexual Offences Act, 2012 at Police Station Satti, District Kanpur Dehat against the applicant and his father by the first informant Sri Anand Kumar stating that on 9.2.2017 at 1.00 p.m. when the family members had gone for voting for general electio