SUJATA SURAJ BHATIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Special Criminal Application under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C ."), the petitioners - original accused persons sought to quash the proceedings arising from the Criminal Inquiry Case No.2 of 2020 filed before the Special Court (POCSO), Surat as well as the order dated 31 st August 2021, by which the learned Additional Sessions Judge (POCSO), Surat issued summons under Sec. 204 of the Cr.P.C. for the offence punishable under Ss. 323, 354(b) and 114 of the Indian Penal Code read with Ss. 7, 8 and 11 of the Protection of Children from Sexual Offences Act (for short, "the POCSO Act") against the present petitioners.

(2.) The translation of the criminal complaint filed by the complainant is as under:

(3.) The aforesaid complaint came to be filed by the complainant for the offence punishable under Ss. 352, 354(a), 354(c), 354(d), 500 , 504, 506, 509, 120(b) and 114 of the Indian Penal Code and Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Ss. 11(2)(3)(4)(5), 12, 16, 20, 21 and 22 of the POCSO Act against in all 15 accused persons including the officer of the Mahidhar Police Station. In furtherance thereto, the learned Additional Sessions Judge, vide its order dtd. 17/1/2020, directed the police to inquire and submit its report under Sec. 202 of the Cr.P.C.