RAJKUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Challenge in this revision is to the order dtd. 17/5/20223 passed by learned Special Judge (POCSO Act)/ Additional Sessions Judge, Bareilly, in Case Crime No.368 of 2019, under Ss. 147, 148, 323, 504, 506, 452, 354-Ka IPC and Sec. 8 of POCSO Act, Police Station Aonla, District Bareilly, wheeby the discharge application moved by the accused-revisionists in said case under Sec. 227 Cr.P.C. has been dismissed and case was fixed for framing of charge.

(2.) Heard learned counsel for the revisionists, learned AGA for the State and perused the material placed on record.

(3.) Factual matrix of the case in brief are that the FIR was lodged at the instance of respondent No.2 at police station concerned on 27/7/2019, at 16:16 hours on the basis of order passed by learned Special Judge, POCSO Act, Bareilly on application under Sec. 156(3) Cr.P.C. filed by the informant on 16/7/2019, with averment that on 4/9/2019, at around 6:20 AM, accused persons namely Raju, Pappi, Guddu, Darpan and Veer Singh, who are resident of her mohalla had mercilessly beaten and threatened him with life. The son and husband of the informant went somewhere else due to fear of accused persons. As informant had made a complaint at police station concerned regarding that incident, the accused-persons were bearing grudge against her. The accused persons appeared at the door of the house of informant at 2/6/2019, at about 11:30 PM due to previous enmity and knocked at her door. The informant opened door in impression that her son and husband would have come to home. The accused persons barged into her house and accused Veer Singh and Pappi grabbed and molested her minor daughter with bad intention. When the informant objected to this, they engaged in maar-peet with her and threatened her that they would compel her to leave the place like her husband and son and will grab her house and take her daughter with them. When the informant and her children shouted for help, the accused persons left the place after hurling threats of life to them. The informant tried to lodge her report at police station concerned but due to influence of accused persons, her report had not been lodged and ultimately she had to take recourse of the court for lodging her FIR, under Sec. 156(3) Cr.P.C.