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2023 Supreme(All) 924

MANJU RANI CHAUHAN
Asif Ahmad Siddiqui – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.P. Upadhyay.
For the Respondent: Harbansh Prasad Pandey.

JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. Dr. C.P. Upadhyay, learned counsel for the applicant, Mr. Pradeep Kumar Mishra, Advocate holding brief of Mr. Harbansh Prasad Pandey, learned counsel for the informant and Mr. Amit Singh Chauhan, learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the order dated 30.01.2023 passed by Additional District and Sessions Judge/Special Judge, POCSO Act, Allahabad in Special Sessions Trial No. 2/2023 arising out of Case Crime No. 173 of 2022, under Sections 323, 363, 328, 376Gha(Ka), 377, 504, 506 IPC and Section 5/6 POCSO Act, Police Station - Shankargarh, District - Prayagraj.

3. The brief facts as enumerated in the writ petition are as follows:

    (i) an FIR was lodged on 26.06.2022 at about 19:23 hrs. by Akbar Ali under Sections 366, 504 IPC, which was registered as Case Crime No. 0173 of 2022 against three persons, namely, Nazim, Hashim and Khurshid with the allegations that the informant’s minor daughter, 15 years old, was enticed away by Nazim son of Samsuddin, resident of Nari Bari, Mobile No. 9198997737 on 21.06.2022. Since the aforesaid date, Nazim was not available at his residence and his mobile numbe

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