VIRENDRA TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned AGA for the State.

(2.) The present application has been filed with the prayer to quash the entire proceedings arising out of impugned order dtd. 2/1/2020 in counter-blast Complaint Case No.02 of 2020 (Sumitra Tiwari Vs. Virendra Tiwari and Others) pending in the Court of Learned Court of Additional Session Judge/ Special Judge - POCSO Act, Court No. 12, Sultanpur and the impugned summoning order dtd. 1/1/2020 passed by the Additional Session Judge/ Special Judge - POCSO Act, Court No. 12, Sultanpur issuing summons against the applicants under Ss. 323, 504, 506, 354, 511 I.P.C and Sec. 7/8 of POCSO Act."

(3.) Brief facts of the case are that the opposite party no.2 is the wife of Acheram Tiwari, son of Shri Matapher Tiwari and also the complainant. The applicant no.1 lodged FIR bearing Case Crime No.533 of 2019 under Ss. 323, 336, 354(kha), 504, 506 IPC and Sec. 7/8 of POCSO Act against the husband of applicant no.2 and her family members. The allegation in the aforesaid FIR is that Acheram Tiwari along with two accused, namely, Sanjay Tiwari and Anil Tiwari molested the 16 years' old niece of applicant no.1 and when she raised alarm, another niece of applicant no.1 rushed to rescue her. Against the said incident, the FIR bearing Case Crime No.533 of 2019 was lodged on 27/8/2019, under Ss. 323, 336, 354(kha), 504, 506 IPC and Sec. 7/8 of POCSO Act against Acheram Tiwari, Sanjay Tiwari and Anil Tiwari. On the date of alleged incident i.e. 27/8/2019, the police reached to the place of incident after receiving call from applicant no.1 on Dial 100 and the police party was also attacked by the husband of opposite party no.2 and his brothers, Sanjay Tiwari and Anil Tiwari. Therefore, the police lodged FIR bearing Case Crime No.534 of 2019 under Ss. 307, 353, 332, 336, 392, 323, 504, 506 IPC against the aforesaid persons.