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2023 Supreme(All) 2

SHAMIM AHMED
Krishna Kumar (As Per Fir And The Charge Sheet Krishna Kumar NaayiS) – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Siddharth Shankar Dubey

JUDGMENT :

1. Heard Sri Siddharth Shanker Dubey, learned counsel for the applicants as well as Smt Jan Laxmi Tiwari Senanai, learned A.G.A. for the State and perused the record.

2. The instant application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire criminal proceedings of Case No. 21 of 2019: State of U.P. Versus Krishna Kumar and other under Section 363, 366 I.P.C. and Sections 16 and 17 of Protection of Children from Sexual Offences Act, 2012, pending before the court of ASJ/POCSO-II Raibareli and also for quashing of the charge-sheet No.101/2019 dated 05.02.2019 and quashing of summoning order dated 08.02.2019.

3. As per the prosecution version of the F.I.R., on 13.11.2018 at 08.40 A.M. the complainant went to drop off his daughter to her school and after the end of school hours, the complainant found out that his daughter did not attend the school that day. The complainant went home and checked his household trunk and found that the daughter had fled with Rs.20,000/- along with her. That complainant’s house is nearby to one neighbour Krishna Kumar Nayi’s house who lives with his son Avinash alias Shivam wife Shrimati, daughter Shiva

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