SIMARJEET SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present application under Sec. 482 Crimial P.C., the applicant seeks to quash the impugned order dated 19.05.2016, passed by learned Special Judge (POCSO), Rudrapur, District Udham Singh Nagar in S.S.T. no. 23/A of 2016, State Vs. Simranjeet Singh and another, under Sec. 376 Penal Code and Sec. 3/4 of POCSO Act, P.S. Dineshpur, District Udham Singh Nagar, whereby the applicant has been summoned under Sec. 319 Crimial P.C. to face the trial in the aforesaid case.

(2.) The applicant was not named in the FIR. No charge sheet was submitted against the applicant. It was during the course of examination of PW1 that the name of present applicant came to fore. PW1 was cross-examined at some length. Having found a prima facie case against the applicant, the trial court summoned him to face the trial for the offences punishable under Sec. 376 Penal Code and Sec. 3/4 of the POSCO Act, in exercise of its jurisdiction under Sec. 319 Crimial P.C. Aggrieved against the same, present application under Sec. 482 Crimial P.C. has been filed.

(3.) Learned counsel for the applicant has placed a certified copy of judgment rendered in S.S.T. no. 23 of 2016, State Vs. Kamaljeet Singh @ Kuldeep Singh, Pinder Singh, Jaswant Singh @ Jassa and Mahal Singh, who faced the trial under Sections 363, 366, 376D, 506 Penal Code and Sec. 6 POCSO Act, to show that all those accused persons, who were named in the FIR, against whom charge sheet was submitted and who faced trial, have been acquitted by learned Special Judge (POCSO), Rudrapur, vide judgment dated 29.11.2016.