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2023 Supreme(All) 1622

DINESH PATHAK
Om Prakash @ Jani – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Chandrakesh Mishra, Abhishek Kumar Mishra, Sr. Advocate
For the Opposite Party : Raj Kumar Kesari

JUDGMENT :

1. Heard Sri Daya Shankar Mishra, learned Senior Counsel assisted by Sri Abhishek Kumar Mishra, learned counsel for applicant and Sri Raj Kumar Kesari learned counsel for opposite party No.2 as well as learned AGA for the State.

2. Learned counsel for opposite party No.2 has refused to file any counter affidavit in the instant matter, therefore, present application is being decided on merits with the consent of learned counsel for the parties.

3. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. assailing the order dated 23.11.2022 passed by Additional District & Sessions Judge, Court No.3, Varanasi in Sessions Trial No. 651 of 2020 arising out of Case Crime No. 300 of 2005, under Sections 372, 373 I.P.C. and Sections 3, 4, 5, 6, 9 of Immoral Traffic (Prevention) Act, 1956, Police Station Manduwadih, District Varanasi.

4. An FIR, being Case Crime No. 300 of 2005, under Sections 373, 373 I.P.C. and under Sections 3, 4, 5, 6, and 9 of Immoral Traffick (Prevention) Act, 1956 has been lodged by the Police Inspector. Some young girls have been recovered from two different places. Charge sheet has been submitted against two accused persons

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