IRFAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ved Prakash Mishra, learned counsel for the applicant, Sri Pankaj Saxena, learned AGA appearing for the State and perused the material brought on record.

(2.) This application/petition under Section 482 Code of Criminal Procedure (Cr.P.C.) has been filed challenging the order dated 31.07.2020, passed by Additional District and Session Judge/Special Judge (POCSO), Bijnor, in Misc. Case No.165 of 2020 (Irfan Vs. Gullu and others), Police Station Noorpur, District Bijnor, under Sections 376, 511, 452, 506, IPC and Section 3/4 POCSO Act, as well as for a direction to the court concerned to decide the application afresh in accordance with law. By order under challenge the application of the present applicant under Section 156(3) Cr.P.C. has been registered as a complaint case, with direction to the complainant to get his statement recorded under Section 200 Cr.P.C.

(3.) Considering the nature of the order under challenge; the pre-cognizance stage of the case at which the proposed accused have no right of hearing, that keeping this application pending would serve no fruitful purpose which would delay the proceedings of the criminal case and the order proposed to be passed, the notice to the private respondents is dispensed with.