PARAS PAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant-accused has invoked the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Code') to quash the charge-sheet, cognizance order dtd. 26/7/2021 and the entire proceedings of Special Sessions Trial No. 97 of 2021, 'State of Uttarakhand vs. Paras and two Others', pending before the Court of Additional Sessions Judge/F.T.S.C., Haridwar qua the applicant.

(2.) In short, the case of the prosecution is that on 28/5/2021 at around 1:00 a.m., co-accused Shahrukh and his friend had enticed the 16 year old daughter of the informant (PW3) and taken her with them. The First Information Report was lodged against Shahrukh and one unknown person. The prosecutrix was medically examined by the prosecution's witness Dr. Alpana Khare (PW2). Upon conclusion of the investigation, a charge-sheet was filed against the present applicant and two co-accused persons. Learned Special Judge took cognizance under various offences against all the three accused persons. Cognizance was taken against the present applicant for the offence under Ss. 376 (2) (n), 376(3), 120B of the Indian Penal Code, 1860 and Sec. 5 (l) read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012.

(3.) Charges were framed.