WASIULLAH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Vikas Yadav, learned counsel for the applicants, Shri Ranu, learned counsel appearing for the opposite party no.2 as well as the learned AGA for the State of U.P.

(2.) Present application under Sec. 528 BNSS has been preferred by the applicants seeking quashing of the entire proceedings of Sessions Trial No.187 of 2017 (State vs. Wasiullah and Others), arising out of Case Crime No.64 of 2017, under Sec. 363, 366, 504, 506 of the Indian Penal Code, 1860 (in short 'IPC)' and Sec. 7/8 of The Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') against the applicant no.1 and under Ss. 504 and 506 IPC against the applicant nos.2 and 3, Police Station Bakhira, District Sant Kabir Nagar as well as impugned Chargesheet dtd. 16/3/2017 and Cognizance/Summoning order dtd. 23/3/2017, pending in the court of learned Special Court, POCSO Act, District-Sant Kabir Nagar.

(3.) The brief facts of the case are that the opposite party no.2/first informant lodged a first information report against the applicants on 19/1/2017 in respect of the alleged incident dtd. 30/12/2016. The first information report was registered as Case Crime No.64 of 2017, under Ss. 363, 366, 504, 506 IPC and Sec. 7/8 of the POCSO Act at Police Station Bakhira, District Sant Kabir Nagar, wherein allegation has been levelled by the informant/opposite party no.2 that her minor daughter has been enticed away by the applicant no.1 on 30/12/2016 at 5.00 PM and when he went to the house of applicant no.1, his other family members, including the applicants no.2 and 3, had hurled abuses and threatened him with dire consequences.