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2021 Supreme(UK) 77

N.S.DHANIK
Deepak Sagar – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
S.K. Mandal, Advocate, Pankaj Joshi, Advocate, P.C. Petshali, Advocate

JUDGMENT

N.S. Dhanik, J. - This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the summoning/cognizance order dated 4.3.2020 as well as the entire proceedings of Criminal Case No. 1009 of 2020, State v. Deepak Sagar, under Sections 376, 506 IPC, pending before the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

2. Background facts of the case are that respondent no. 2 filed an FIR on 10.12.2019 against the present applicant and six other persons stating that she is acquainted with the accused applicant ever since the time he did not attain the age of majority and the accused applicant used to continuously meet her and talk to her on mobile phone. In June 2016, accused applicant took her to Hotel City Star and committed rape on her and threatened her not to disclose the incident to anyone and said that he recorded the entire incident in the camera. Thereafter the accused applicant forcefully committed sexual intercourse with her many a times. In December, 2017, the accused applicant took her to Hotel Madhuban, Kashipur and in January 2018, he took her to his house in Vaishali Colony and committed rape on her. When

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