JUVENILE X Vs. STATE OF U.P.

JUDGEMENT

(1.) I have heard Mr. Sushil Shukla and Mr. Aditya Prakash Singh, learned counsel for the applicant, Mr. R.P. Mishra, learned A.G.A. for the State and perused the material available on record.

(2.) This application under Sec. 482 Cr.P.C. has been filed by applicant to quash the impugned order dtd. 3/2/2023 passed by learned ACJM, Khurja, District Bulandshahar in connection with Criminal Case No.3431 of 2016 arising out of Case Crime No.483 of 2016, under Ss. 419, 420, 467, 468, 471 and 120-B IPC, Police Station Khurja Nagar, District Bulandshahar and for a direction to the learned Magistrate to comply with the order dtd. 18/5/2022 passed by Juvenile Justice Board, Bulandshshar so that trial of the aforesaid case be transferred under Sec. 18 (3) of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the "Act, 2015") before the Children's Court/POCSO Court, Bulandshahar having its jurisdiction.

(3.) In short, the facts in brief are that on 30/6/2016, the opposite party no.2 lodged the FIR against unknown persons alleging that on false promise of obtaining NOC from Pollution Board, U.P. to run his cold storage, the informant/opposite party no.2 was duped of Rs.40.00 lakh by unknown person, who asked him to make deposit the said amount into some bank account, where after the OSD of Hon'ble Chief Minister was promised to help him. It is further alleged that the informant/opposite party no.2 issued three cheques, i.e., cheque no.408173 dtd. 22/6/2016 amounting to Rs.20.00 lakh, cheque no.408174 dtd. 22/6/2016 amounting to Rs.10.00 lakh and cheque no.408175 dtd. 24/6/2016 amounting to Rs.10.00 lakh. Total Rs.40.00 lakh has been deposited by the informant/opposite party no.2 through R.T.G.S. in the Account No.20321300148, State Bank of India, C.O.G Bazar, Agra. It is further alleged that when the informant/opposite party no.2 has inquired about the said account, it was found that the said account is opened in the name of Narendra Singh s/o Anil Singh, House No.144, New Abadi, Taj Nagri, Tajganj, Agra Mobile No.8171978713. Since then the informant/opposite party no.2 has contacted several times but the accused person has not responded. Thereafter, the informant/opposite party no.2 has approached the Samajwadi Karyalaya, Lucknow and met one Ashish Yadav, who has stated that he never called and some one has duped his money naming his name.