MOHD. AARIF Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manoj Kumar Singh, learned counsel for the applicant, Sri Abhishek Srivastava, learned counsel for the opposite party no.2 and Shri Vijai Prakash Dwivedi, learned AGA for the State as well as perused the material available on record.

(2.) The present application under Sec. 482 Cr.P.C. has been preferred against the impugned summoning order dtd. 31/5/2022 passed by/pending in the court of learned Additional Sessions Judge/Special Judge (POCSO Act) Bahraich in Complaint Case No. 97 of 2021 in Re:- Smt. Karima Vs. Aarif under Ss. 452, 376 (AB), 323, 504, 506 I.P.C. and Sec. 5 (m)/6 of the Protection of Children from Sexual Offences Act (in short "the POCSO Act"), Police Station- Hardi, District- Bahraich as well as application under Sec. 156(3) Cr.P.C. dtd. 26/8/2021 vide complaint no. 97 of 2021 and further proceedings of the case in pursuance thereof.

(3.) Brief facts of the case is that the opposite party no 2 filed an application under Sec. 156 (3) Cr.P.C. on 26/8/2021 in the court of learned Additional Sessions Judge/Special Judge (POCSO Act) Bahraich. The application under Sec. 156 (3) Cr.P.C. has been moved alleging that the opposite party no. 2 and the petitioner are relatives. Petitioner and his family members used to come at house of the opposite party no. 2. On 6/8/2021 at about 1:00 p.m. minor daughter of the opposite party no. 2, aged about 11 years was alone at the house. Petitioner entered into the house and started outraging modesty of her daughter, on objection, petitioner pushed her on earth, undressed her, and forcefully committed rape against her wishes and extended abuses and threat of life in case she told about the same to anywhere. When the opposite party no. 2 reached her house, then her daughter told the whole story to the opposite party no.2. Immediately, the opposite party no. 2 gave information at Police Station-Hardi on the same day but when no action was taken then on 11/8/2021 she gave an application to the Superintendent of Police, Bahraich through registered post, but till date no action has been taken. Then, the application under Sec. 156 (3) Cr.P.C. has been moved then the trial court treated the application under Sec. 156 (3) Cr.P.C. as a complaint case.