KRISHNA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Siddharth Shanker Dubey, learned counsel for the applicants as well as Smt Jan Laxmi Tiwari Senanai, learned A.G.A. for the State and perused the record.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire criminal proceedings of Case No. 21 of 2019: State of U.P. Versus Krishna Kumar and other under Sec. 363, 366 I.P.C. and Ss. 16 and 17 of Protection of Children from Sexual Offences Act, 2012, pending before the court of ASJ/POCSO-II Raibareli and also for quashing of the charge-sheet No.101/2019 dtd. 5/2/2019 and quashing of summoning order dtd. 8/2/2019.

(3.) As per the prosecution version of the F.I.R., on 13/11/2018 at 08.40 A.M. the complainant went to drop off his daughter to her school and after the end of school hours, the complainant found out that his daughter did not attend the school that day. The complainant went home and checked his household trunk and found that the daughter had fled with Rs.20,000.00 along with her. That complainant's house is nearby to one neighbour Krishna Kumar Nayi's house who lives with his son Avinash alias Shivam wife Shrimati, daughter Shivani and second son Abhishek as a family. The complainant states that Avinash alias Shivam was living in some city for purpose of earning his livlihood. Furthermore, as per the allegations levelled by complainant on 13/11/2018 at about 8.40 AM in the morning Shivani and Abhishek dropped off the victim from school to station where accused Avinash alias Shivam was already present, who manipulated the victim in running away with him. Also, it is alleged in the F.I.R. that Krishna Kumar Nayi was connected throughout on the phone and hence Krishna Kumar Nayi mother Shrimati sister Shivani and brother Abhishek all are involved in the said crime.