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2024 Supreme(All) 221

MAYANK KUMAR JAIN
Shishir Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Ajay Sengar.
For the Opposite Party : G.A., Ajay Singh.

JUDGMENT :

(Mayank Kumar Jain, J.) :

1. Heard Sri Ajay Sengar, learned counsel for the applicant, Sri Ajay Singh, learned counsel for the complainant and learned AGA for the State.

2. Present application has been filed by the applicant under Section 482 Cr.P.C. praying for quashing the entire proceedings of Complaint Case No. 0009 of 2023, arising out of Criminal Case No. 0164 of 2023 (Smt. Vibha Prajapati vs. Shishir Gupta & Others) under Sections 376D of IPC and Section 5G/6 of the POCSO Act, 2012, Police Station Kotwali Orai, District Jalaun, pending before the learned Additional District & Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai.

3. Opposite party no. 2 filed a complaint against the applicant and other persons under Sections 328 and 376 of IPC and Section 5/6 of the POCSO Act, 2012 Police Station Kotwali Orai, District Jalaun.

4. The allegations in the complaint are summarised thus:

4.1. The applicant, who was working as a Contractor, opened an office in the name and style of S. K. Enterprises in the house of one R.S. Gupta at Tulsi Nagar, Orai, District Jalaun. Opposite party no. 2 came to know that there was a vacancy of a Clerk and a Stenographer in the office of

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