ANURADHA DALMIA Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code) has been filed by the petitioner to quash the summoning order dated 28.11.2018, passed by the Fast Track Court/Special Judge (POCSO)/Additional District and Sessions Judge, Dehradun in Special Sessions Trial No. 133/2018, State Vs. Suchit Narang and others, under Sections 376, 354 (A) and Section 3, 4, 9, 10, 16, 17 & 21 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act") as well as the charge sheet dated 08.11.2018and entire proceedings arising out of it.

(2.) Heard learned counsel for the petitioner and learned counsel for the State and perused the record.

(3.) In the instant case, an FIR was lodged on 18.08.2018, under Section 9 and 10 of the POCSO Act, and under Section 354-A I.P.C. The FIR was lodged by the Chairman, Child Welfare Committee, Dehradun (for short "the CWC"). According to it, on 18.08.2018, the CWC visited the National Institute For The Empowerment Of Persons With Intellectual Disabilities at Dehradun (for short "the Institute") and recorded statements of the inmates. It was brought to the notice that a Suchit Narang has been inappropriately touching the private parts of the minor girls and thereby exploiting them. After investigation, charge sheet has been filed against the petitioner and others. Vide order dated 28.11.2018, learned court below summoned the co-accused Suchit Narang under Section 376, 354 (A) I.P.C. and Section 3, 4, 9 & 10 of the POCSO Act. The petitioner and three others have been summoned to answer the accusations under Section 16 and 17 of the POCSO Act. Aggrieved, the instant petition.