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2024 Supreme(All) 47

SURENDRA SINGH I
Sanno – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Revisionist : Pradeep Yadav.
For the Opposite Party : G.A., Hemant Kumar Singh.

JUDGMENT :

Heard Sri Pradeep Yadav, learned counsel for the revisionist, Sri Hemant Kumar Singh, learned counsel for the opposite party nos. 2, 3 and 4 and learned A.G.A. for the State.

2. This criminal revision has been filed against the impugned order dated 21.09.2022 passed by the Special Judge (POCSO Act), Azamgarh, in Criminal Misc. Case No. 39 of 2022 (Sanno Vs. Shahnawaz and others) u/s 156 (3) Cr.P.C.

3. By the impugned order, the trial court dismissed the application of the revisionist u/s 156 (3) Cr.P.C. for registration of case against opposite party nos. 2, 3 and 4.

4. It has been submitted by learned counsel for the revisionist that from the averments made in the application u/s 156 (3) Cr.P.C., a cognizable offence was made out against the opposite party nos. 2, 3 and 4 but the trial court without any legal ground rejected her application for registration of a criminal case and investigation thereof by the S.O. of the concerned police station. It has next been submitted that the trial court rejected the application merely on the ground that one of the accused, namely, Ansar, had registered a criminal case bearing Case Crime No. 125 of 2022 u/s 34, 323, 504, 506, 354 I.P.C

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