(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.