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2023 Supreme(All) 536

AJAI KUMAR SRIVASTAVA I
Pankaj Yadav – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Deptt. Home, Lko. – Respondent


Advocates Appeared:
For the Applicant : Ram Kinkar Upadhyay.

JUDGMENT :

(Ajai Kumar Srivastava-I, J.)

1. Sri Jagendra, Advocate has put in appearance on behalf of opposite party No.2 by filing his vakalatnama in Court today, which is taken on record.

2. Counter affidavit filed today by the learned counsel for opposite party No.2 is also taken on record.

3. Heard Sri Ram Kinkar Upadhyay, learned counsel for the applicant, Sri Alok Saran, Advocate assisted by Sri Himanshu Suryavanshi, learned A.G.A. for the State, Sri Jagendra, learned counsel for opposite party No.2 and perused the entire record.

4. The instant application under Section 482 Cr.P.C. has bee filed by the accused/ applicant for quashing the entire criminal proceedings of Sessions Trial No.743 of 2019 (State vs. Pankaj) as well as charge sheet dated 12.11.2019 and the summoning order dated 06.12.2019 passed by the learned Additional District Judge-I/ Special Judge POCSO Act, Sultanpur arising out of Case Crime No.0447 of 2019, under Sections 363, 366, 376, 506 I.P.C. & Sections 3/4 POCSO Act, Police Station Jaisinghpur, District Sultnapur, pending in the court of learned Special Judge POCSO Act/ Additional Sessions Judge, Court No.1, Sultanpur.

5. Learned counsel for the applicant

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