Arun Agrawal vs The State Of Madhya Pradesh
2023 Latest Caselaw 11655 MP

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                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                                                ON THE 25 th OF JULY, 2023
                                         MISC. CRIMINAL CASE No. 8162 of 2023

                          BETWEEN:-
                          ARUN AGRAWAL S/O LATE SHRI R.P. AGRAWAL, AGED
                          ABOUT 53 YEARS, OCCUPATION: BUSINESS A-10, A-
                          SECTOR    MANSAROVAR     COLONY     SHAHAPURA
                          DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                       .....APPLICANT
                          (BY SHRI KAPIL SHARMA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                POLICE STATION ASHOKA GARDEN, DISTRICT
                                BHOPAL (MADHYA PRADESH)

                          2.    VICTIM X D/O SHRI ABC CRIME NO.689, P.S.
                                ASHOKA GARDEN, DISTRICT BHOPAL (MADHYA
                                PRADESH)

                                                                                    .....RESPONDENTS
                          (SHRI T.R. KURMI - PANEL LAWYER FOR RESPONDENT NO.1 AND SHRI
                          KAMLAKAR MISHRA - ADVOCATE FOR RESPONDENT NO.2)

                                This application coming on for orders this day, th e court passed the
                          following:
                                                            ORDER

This petition under section 482 of the Cr.P.C. has been filed by the petitioner for quashing of charge sheet/final report in connection with Crime No.689/2021 registered at Police Station, Ashoka Garden District Bhopal for offences punishable under sections 363, 366, 370, 370-A, 372, 373, 376 and 506/34 of the IPC and section 5/6 of the POCSO Act.

Signature Not Verified

2. Learned counsel for the petitioner submits that during her medical Signed by: PANKAJ NAGLE Signing time: 7/26/2023 11:05:19 AM

examination and chief examination, the prosecutrix has stated that she is a married woman whereas, during cross-examination, she has stated that she is not a married woman. He further submits that according to scholar register, the date of birth of the prosecutrix is 06.03.2003. It is further submitted that name of the petitioner is not mentioned in the FIR and no test identification parade was conducted by the police for identification of accused persons. DNA report has not been matched with the present petitioner. In support of his contentions, learned counsel for the petitioner has placed reliance on various judgments.

3. After arguments at length, learned counsel for the petitioner prays for withdrawal of this application with a liberty to raise all aforementioned grounds

before the trial Court at an appropriate stage.

4. Prayer is allowed.

5. Accordingly, this application is dismissed as withdrawn with the aforesaid liberty.

6. Needless to say that interim relief granted vide order dated 14.03.2023 stands vacated.

(ARUN KUMAR SHARMA) JUDGE pn

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 7/26/2023 11:05:19 AM