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2023 Supreme(MP) 525

MILIND RAMESH PHADKE
Laxman Prajapati – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Sangeeta Pachauri, Advocate, Neelesh Tomar, Advocate
Final Result : Disposed Of

JUDGMENT

Milind Ramesh Phadke, J. - A very innocuous prayer has been made in the present petition under Article 226 of the Constitution of India for issuance of directions to the police authorities to initiate action against the private Respondent invoking the provisions under the Protection of Children from Sexual Offences, Rules 2020.

2. It is submitted by the counsel for the petitioner that daughter of the present petitioner is below 16 years of age, who was earlier subjected to sexual abuse by one Rajit Gurjar against whom the FIR has been registered at Police Station Kotwali, District Datia under Section 363 of the IPC vide Crime No.0688 of 2022 and later on, during the course of investigation, Sections 376 and 366 of the IPC, Section 5/6 of the POCSO Act and Section 3(2)(v)a, 3(2) (w) of the Scheduled Castes and Scheduled Tribes Act, have been enhanced and the primary investigation thereof revealed that the minor daughter of the petitioner was subjected to rape, the private respondents being relative of the said accused with ill-intentions are misguiding the daughter of the petitioner time and again and at their instance, she even leaves his house. A complaint in this regard ha

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