MOHIT KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anil Kumar Awasthi, the learned counsel for the applicants, Sri Anurag Verma, the learned A.G.A.-I appearing on behalf of the State and Sri Ankit Tripathi, the learned counsel for the informant/opposite party no.2.

(2.) In compliance of the order dtd. 20/12/2023 Sri Udai Raj Singh, Circle Officer, Biswan, District Sitapur/Investigating Officer of the case is present in person. He has filed a supplementary counter affidavit annexing therewith copy of the relevant extracts of general diary. The State had already filed a counter affidavit and the applicant has filed a rejoinder affidavit in response to the same.

(3.) By means of the instant application under Sec. 482 Cr.P.C. the applicants have challenged the order dtd. 21/9/2023, passed by the learned Special Judge (POCSO Act)/Additional Sessions Judge, Court no.14, Sitapur in Case Crime No.215 of 2023: State Vs. Abhijeet Mishra @ Chotakke, under Ss. 302, 120-B I.P.C. and Sec. 3 (2) 5 SC/ST Act, Police Station Mishrikh, District Sitapur, whereby the learned trial court has taken cognizance of offences under Sec. 302, 376 I.P.C. and Sec. 3 (2) (v) of SC/ST Act and Sec. 3/4 POCSO Act by co-accused Abhijit Mishra and commission of offences under Ss. 302 and 120-B I.P.C. and Sec. 3 (2) 5 SC/ST Act by the co-accused Ashok Mishra and cognizance of Ss. 302 and 120-B I.P.C. and Sec. 3 (2) 5 SC/ST Act has been taken against the applicants also although their names were not included in the charge sheet.