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2023 Supreme(All) 823

SURESH KUMAR GUPTA
Mohd. Aarif Alias Aarif – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manoj Kumar Singh
For the Respondent: G.A., Abhishek Srivastava

JUDGMENT :

1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant, Sri Abhishek Srivastava, learned counsel for the opposite party no.2 and Shri Vijai Prakash Dwivedi, learned AGA for the State as well as perused the material available on record.

2. The present application under Section 482 Cr.P.C. has been preferred against the impugned summoning order dated 31.5.2022 passed by/pending in the court of learned Additional Sessions Judge/Special Judge (POCSO Act) Bahraich in Complaint Case No. 97 of 2021 in Re:-Smt. Karima Vs. Aarif under Sections 452, 376 (AB), 323, 504, 506 I.P.C. and Section 5 (m)/6 of the Protection of Children from Sexual Offences Act (in short " the POCSO Act"), Police Station-Hardi, District-Bahraich as well as application under Section 156 (3) Cr.P.C. dated 26.8.2021 vide complaint no. 97 of 2021 and further proceedings of the case in pursuance thereof.

3. Brief facts of the case is that the opposite party no 2 filed an application under Section 156 (3) Cr.P.C. on 26.8.2021 in the court of learned Additional Sessions Judge/Special Judge (POCSO Act) Bahraich. The application under Section 156 (3) Cr.P.C. has been moved alleging that the opposite party

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