RAJENDRA VISHWAKARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Ms. Pratibha Jaiswal, learned counsel for the appellants as well as learned Additional Government Advocate for the State only on the question of maintainability and jurisdiction of this Court and perused the record.

(2.) The instant appeal under Sec. 14-A (1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been filed by the appellants, Rajendra Vishwakarma @ Rajendra Sharma and Kunti Devi with the prayer to quash the impugned cognizance/ summoning order dtd. 6/1/2023 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Sonbhadra, impugned charge sheet dtd. 20/12/2022 as well as entire proceeding of Session Case No. 12 of 2023 (State Vs. Pradeep Kumar Vishwakarma), arising out of Case Crime No. 130 of 2022, under Ss. 147, 504, 506 IPC and Ss. 3(2)5 Ka & 3(1)Da & Dha of SC/ST Act, Police Station Pipri, District Sonbhadra, pending before the learned Additional Sessions Judge/ Special Judge (POCSO Act), Sonbhadra.

(3.) Learned counsel for the appellants submits that the appellants in this case are challenging the cognizance taken/ summoning order passed by the Additional Session Judge/ Special Judge POCSO Act of date 6/1/2023 passed on the charge sheet submitted by the Investigating Officer under the relevant provisions of the SC/ST Act and relevant provisions of POCSO Act.