RAVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sudhir Dixit, alongwith Sri Anupam Shyam Dwivedi, Sri Utakarsh Dixit and Sri Shobhit Pratap Singh learned counsel for the applicants, Sri Vinod Kant, learned Additional Advocate General assisted by Sri Pankaj Saxena, learned Additional Government Advocate-I appearing for the State-opposite party no.1 and Sri Rajneesh Pratap Singh appearing alongwith Sri Ajit Kumar, learned counsel for the opposite party no.3.

(2.) The present application under Sec. 482 of the Code of Criminal Procedure, 1973,The Code. has been filed seeking to quash the entire proceedings of Criminal Case No.2377 of 2020 pending before the Special Judge, POCSO, Aligarh as well as summoning order dtd. 17/10/2020 arising out of Case Crime No.428 of 2019, under Ss. 363, 366, 376D of the Indian Penal Code,Penal Code. and Sec. 5/6 of the Protection of Children from Sexual Offences Act, 2012,POCSO Act. , Police Station Khair, District Aligarh in terms of which learned Judge has summoned the applicant no.1, under Ss. 366, 376D IPC and Sec. 5/6 POCSO Act and also summoned the applicant nos. 2 and 3, under Ss. 363, 366, 376D IPC and Sec. 5/6 POCSO Act, Police Station Khair, District Aligarh.

(3.) Pleadings in the case indicate that the proceedings were commenced pursuant to an FIR dtd. 2/9/2019, registered as Case Crime No.428/2019, under Sec. 363 IPC, Police Station Khair, District Aligarh, whereupon the case was investigated and a police report dtd. 4/6/2020 was submitted, under Sec. 363 IPC, only against the applicantno.1. Prior to taking cognizance an application was filed by the opposite party no.3- prosecutrix stating that having regard to the facts of the case, cognizance may also be taken under Sec. 3/4 POCSO Act and Sec. 376D, 366, 363 IPC and enclosing therewith her affidavit and her statement recorded under Sec. 164 of the Code and placing reliance on the decisions of the Supreme Court in Balveer Singh and Another vs. State of Rajasthan and Another,(2016) 6 SCC 680 and Dharam Pal and Others vs. State of Haryana and Another,(2014) 3 SCC 306.