SUNNY YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S. K. Mishra, learned counsel for the revisionists and learned A.G.A. for the State and perused the record.

(2.) By means of this criminal revision, revisionist is assailing the legality and validity of the order dtd. 30/11/2021 passed by Sessions Judge/Special Judge (POCSO) Act, Court No.4, Gorakhpur by which in exercise of power under Sec. 319 Cr.P.C. revisionists Sunny Yadav and Devvrat @ Deobrat Chaudhari were summoned to face prosecution by way of S.S.T. No. 783 of 2018 (State Vs. Monu) arising out of Case Crime No. 9370 of 2018, under Ss. 363 and 376 I.P.C., PS Barhalganj, District Gorakhpur.

(3.) Brief facts of the case are that the present F.I.R. was registered by first informant Triloki Gaur against Monu, Devvrat and Sunny Yadav allegedly enticing away the minor girl of the informant. The girl in her statement under Sec. 164 Cr.P.C. has clearly indicated that the revisionists committed alleged sexual assault upon her even though not relying upon the affidavit, the police personnel after playing partisan role have absorbed the revisionists from the charge sheet. However, in exercise of power under Sec. 319 Cr.P.C., the revisionists were summoned to face trial.