AYUSH ANURAG Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri V.P. Srivaastava, Senior Advocate assisted by Sri Kamalesh Kumar Nishrad, learned counsel for the applicant, learned A.G.A. for the State, Sri Awadhesh Rai, learned counsel for O.P. No. 2 and perused the record.

(2.) This application has been filed with a prayer to quash the order dtd. 4/9/2021 passed by Special Judge (POCSO Act)/ Additional Sessions Judge, Ghaziabad in S.T. No. 192 of 2019 arising out of Case Crime NO. 1592 of 2016, under Sec. 328, 376, 504, 506 IPC and Sec. 3/4 POCSO and Sec. 66 I.T. Act , P.S. Sihani Gate, Ghaziabad and also to quash the order dtd. 12/11/2021 passed by learned Addl. Sessions Judge (Rape and POCSO Act), Court NO. 2, Ghaziabad.

(3.) It is contended by learned counsel for the applicant that O.P.No. 2 had lodged an F.I.R. on 3/10/2016 as case crime No. 712 of 2016, under Sec. 328, 376, 504, 506 IPC. P.S. Kotwali Ghaziabad, District Ghaziabad wherein it has been wrongly stated by O.P. No. 2 that prior to this F.I.R. her father has also lodged an F.I.R. in District Varanasi. Thereafter the matter has been investigated and charge sheet has been submitted on 4/3/217 whereupon the cognizance has been taken on 3/4/2017 against the applicant. It is next argued by learned counsel for the applicant that in the present case POCSO Act has also been levelled against the applicant but in support of age proof of O.P. No. 2 no document has been filed whereas according to prosecution case the O.P.No. 2 has taken the admission after passing the XII Class.