LAWS(ALL)-2020-9-86

JAGARNATH CHAUHAN Vs. STATE OF U.P.

Decided On September 23, 2020
Jagarnath Chauhan Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Ramashray Tripathi, learned counsel for the revisionist-informant, Sri Phool Chandra Singh, learned A.G.A. for the State and perused the material brought on record.

(2.) This revision has been preferred to quash/set aside the impugned order dated 06.01.2020, passed by the Chief Judicial Magistrate, Ghazipur in Case Crime No. 65 of 2019, under Sections - 363, 366 I.P.C. and 7/8 POCSO Act, Police Station - Dullahpur, District - Ghazipur.

(3.) The contention, vehemently asserted and claimed in this case, is that prior to the passing of the aforesaid impugned order, some petition was preferred before this Court, wherein the Division Bench of this Court had clarified the situation and asked the Chief Judicial Magistrate, Ghazipur to consider and ascertain the age of the victim under the provisions of law, for which the parents of the victim shall also be heard.