HIGH COURT OF MADHYA PRADESH
Himanshu Gandhi – Appellant
Versus
The State Of Madhya Pradesh – Respondent
This revision has been filed under Section 397 read with Section 401 of
the Code of Criminal Procedure challenging the order dated 23.09.2021
passed by learned 23rd Additional Sessions Judge/Special Judge under the
Protection of Children from Sexual Offences Act, 2012 in ST No.10/2021
whereby charges for offences punishable under Sections 354, 354-A (1) (i),
354-D and 504 of the Indian Penal Code and Section 9 (l)(m)/10 of the
Protection of Children from Sexual Offences Act, have been framed against
the applicant.
2. Learned Senior Counsel has challenged the impugned order
framing charges on many grounds. The applicant and the prosecutrix are
neighbours and there is enmity between the parties and the applicant had
1
earlier made complaints against the mother of the prosecutrix due to
neighbourhood disputes. It is contended, inter alia, that the mother of the
minor prosecutrix deliberately refused for her medical examination. It is
vehemently contended that there is no ingredients for framing charges under
Sections 504, 354 and 354D of the IPC. Learned Senior Counsel has drawn
the attention of this Court to Section 3 of the Protection of Children from
Sexual Offences Act and contends that no
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