GYAN CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mohammad Firoz Khan, learned counsel for the applicants, Sri Pankaj Kumar Tripathi, learned Additional Government Advocate for the State and perused the record.

(2.) This application u/s 482 Cr.P.C has been filed by all three accused persons Gyan Chandra, Deshraj and Gopi @ Ashok Kumar, for quashing the impugned order dtd. 28/1/2016 passed by the Additional District and Sessions Judge / F.T.C, Kaushambi in S.T No. 07 of 2015 - State Vs. Gyan Chandra and others, under Ss. 363, 366, 376 (2) (H), 504 I.P.C and - POCSO Act, Police Station - Sarai Akil, Distrit Kaushambi, arising out Case Crime No. 257 of 2013, by which the Trial Court rejected the application under Sec. 311 Cr.P.C for summoning the victim P.W. 2 for cross-examination.

(3.) The brief facts of the case are that the first informant Smt. Rampati W/o Lavkush, lodged an F.I.R on 7/9/2013, regarding the incident dtd. 5/9/2013 that on the fateful day she had gone to the field for work leaving the victim (her daughter) aged about 14 years, student of Class-VIII alone in her house and when she returned back she found that her daughter was not present and the household articles were disordered. Accused-applicant Gyan Chandra S/o Roshan Lal of the neighbourhood was also missing. Cash amount Rs.10,000.00, a golden chain, golden Mangalsutra, two silver anklet, and a bank A.T.M Card of her husband of Union Bank of India were also missing. She apprehended that accused- Gyan Chandra, Deshraj and Gopi @ Ashok Kumar have lured her daughter and have taken her away. A few days back there was a dispute with Gyan Chandra, who had threatened to look into it and to insult her in the society. She searched out her daughter but could not find, hence report/information was lodged.