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2021 Supreme(UK) 707

R.C.KHULBE
PUSHPRAJ SINGH CHAUHAN – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Revisionist :Mr. Abhishek Verma, Advocate
For the State :Mr. Rohit Dhyani, Learned Brief Holder and Mr. Bhupesh Kandpal, Advocate

JUDGMENT

Hon'ble R.C. Khulbe, J.

This revision, preferred under Sections 397/401 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as ‘the Cr.P.C') is directed against the order dated 24.02.2021 passed by learned Special Judge (POCSO)/Additional Sessions Judge, Haridwar in an application moved by the complainant-respondent no.2 (Paper No.38Kha) under Section 319 of the Cr.P.C. in Special Sessions Trial No.179 of 2019, State v. Naveen Kumar.

2. Facts necessary to resolve the controversy involved in this revision are that respondent no.2 gave a report on 29.08.2019 at P.S. Bhagwanpur against the accused Naveen Kumar. On the basis of said application, FIR No.0383 of 2019 was registered against the said accused Naveen Kumar. In the report, it was alleged that the informant's daughter was pursuing Class X education from C.M.D. Inter College, Churiyala, Tehsil Bhagwanpur, District Haridwar. Near about the first week of December, 2018, the informant's family noticed that her daughter remained scared and absent minded, and every day, she would refuse to go to school. However, the informant, after persuading her daughter, would send her to the school. On 10.12.2018, infor

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