AMAAN ABBAAS Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard applicant-Amaan Abbaas @ Asbeg in person and learned AGA for the State.

(2.) The present application under Sec. 482 Cr.P.C. has been filed by the applicant, challenging the charge sheet dtd. 28/8/2022, cognizance order as well as summoning order dtd. 1/10/2022 and entire criminal proceedings of Session Case No.818 of 2022 (State Vs Shahzad and Amaan Abbas @ Asbeg) arising out of Case Crime No. 304 of 2022, under Ss. 452, 504 and 506 of the Indian Penal Code, Police Station - Noorpur, District - Bijnor, pending in the court of Additional District and Session Judge/Special Judge (POCSO Act), Bijnor.

(3.) Initially, the First Information Report dtd. 1/7/2022 was registered against three accused-persons including the applicant under Ss. 452, 342, 504, 506, 377, 511 IPC and Sec. 5 and 6 of the POCSO Act. As per First Information Report, occurance is alleged to have been committed between 19/6/2022 to 1/7/2022. The First Information Report was lodged by one Smt Rani. As per allegations in the First Information Report, it is alleged that on 19/5/2022 at about 6:00 p.m. when son of the informant, who is aged about five years, went in the neighbourhood for playing then informant heard the distress call that son of the informant was taken away by co-accused Shahzad and was sexually assaulting the son of informant. When informant reached the spot, she found that the lower clothes of victim were removed and victim was naked and both his hands were tied up. When the informant was going to police station for reporting the incident, neighbourhood person made conciliation between the parties and the aforesaid co-accused accepted his mistake. The aforesaid co-accused Shahzad on several occasion tried to take away the victim and also abused the informant and threatened for life. It is further alleged that on 1/7/2022 also informant and her husband were threatened by co-accused Shahzad and applicant along with co-accused Awkesh came to the house of informant at about 6:00 p.m. and threatened for life to the informant and her husband.