AMIT KUMAR TIWARI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Indra Deo Mishra, learned counsel for the applicants, Sri Brijesh Kumar, learned counsel for opposite party no.4 and Sri Pankaj Saxena, learned AGA for the State.

(2.) The present application has been filed to set aside the order dtd. 25/1/2024 passed by Additional Sessions Judge/Special Judge, POCSO Act, Prayagraj in Criminal Misc. Case No.79 of 2023, arising out of Case Crime No.415 of 2014, under Ss. -147, 354Kha, 323, 504, 506 IPC and Sec. 7/8 of POCSO Act, Police Station-Meja, District Allahabad.

(3.) Facts giving rise to the present controversy is that an FIR dtd. 9/10/2024 was lodged by opposite party no.4 against the applicants in Case Crime No.415 of 2014, under Ss. -147, 354Kha, 323, 504, 506 IPC and Sec. 7/8 of POCSO Act making allegation against the applicants that they have sexually assaulted his minor daughter. Police after the investigation submitted final report in that case on 24/8/2018. After receiving the final report, learned Magistrate issued notice to the opposite party no.4 but opposite party no.4 could not appear before the court. Thereafter, the concerned court accepted the final report vide order dtd. 19/10/2023. Thereafter, the opposite party no.4 filed an application on 18/12/2023 to recall the order dtd. 19/10/2023 along with protest petition to reject the final report no.238 of 2018. The court below vide impugned order dtd. 25/1/2024 after recalling the order dtd. 19/10/2023 registered the protest petition of the opposite party no.4 as complaint case which is under challenge in the present petition.