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2024 Supreme(All) 1074

SAURABH LAVANIA
Complainant Of Case Crime 1479/2017 – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Niyaj Ahmad
For the Opposite Party : G.A.

JUDGMENT :

Hon'ble Saurabh Lavania, J.

1. Heard learned counsel for the applicant, learned AGA for the State of Uttar Pradesh and Sri Manoj Kumar Singh, Advocate, who has filed Vakalatnama on behalf of respondent No. 2 in the Court today, which is taken on record.

2. By means of this application, the applicant has sought the following main relief:-

    "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 12.2.2024, passed by the learned Additional Sessions Judge/ Special Judge, POCSO Act, Bahraich, in Special Criminal Case No.90 of 2018; State Versus Waliuddin, arising out of Case Crime No.1479 of 2017, under sections-363, 366,376 (D) I.P.C. and Sections 3/4 of POCSO Act, relating to Police Station-Hardi, District-Bahraich, as contained in Annexure no.2 to this petition, in the interest of law and justice."

3. The facts, which are relevant for disposal of this case, are to the effect that an FIR was lodged against Ateek, Kalimuddin and Khaisal Nisha on 03.10.2017 registered as Case Crime No. 1479 of 2017, under Sections 3 63 , 366 IPC, Police Station-Hardi, District-Bahraich and during investigation, Section 3 76-D IPC a

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