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2023 Supreme(All) 840

MANJU RANI CHAUHAN
Akash Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mata Pher
For the Opposite Party : R S Dubey, Savita Dubey

JUDGMENT :

1. The applicant has preferred this application under Section 482 Cr.P.C. challenging the proceedings of Session Case No. 538 of 2022 (Complaint No. 50/2022), State v. Aakash Singh under Section 354 IPC and Section 7/8 Protection of Children from Sexual Offences Act, 2012 (POCSO), Police Station Tarkulawa, District Deoria, as well as summoning order dated 01.11.2022 passed by the Additional Sessions Judge/ Special Judge, POCSO, Court No. 1, Deoria passed in the aforesaid case, pending in the Court of Special Judge (POCSO Act), Court No. 1, Deoria.

2. Brief facts of the case are that an application under Section 156(3) Cr.P.C. was moved by opposite party no. 2 against the applicant - Akash Singh S/o Sri Ganesh Singh, Ritesh Singh S/o Arvind Singh, Balmiki S/o Pawhari and Krishna Singh cousin of Akash on 10.02.2022 with the allegation that all the aforesaid persons teased 15 year old daughter of opposite party no. 2, who is student Class-VIII while she went and returned from School. They pass unparliamentary remarks, try to intercept her and click photographs of her by their mobiles. It has further been alleged that on 13.01.2022 at about 06:00 a.m. when the daughter of oppo

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