HUZAIFA KHAN Vs. STATE OF U.P.

JUDGEMENT

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

(2.) This application under Sec. 482 Cr.P.C. has been filed by the applicant to quash the impugned charge sheet no. 250 of 2021, dtd. 15/12/2021, Cognizance order dtd. 2/2/2022 and summoning order dtd. 1/2/2022 in Special Session Trial No. 94 of 2022 (State Vs. Huzaifa and another), arising out of Case Crime No. 185 of 2021, under Ss. 354, 452 and 504 IPC and Sec. 7/8 POCSO Act, 2012 against the applicant No. 1 and under Sec. 504 against the applicant no. 2, Police Station- Ghazipur, District- Fatehpur pending in the Court of Exclusive Special Judge (POCSO Act), District Fatehpur.

(3.) Counsel for the applicants submits that instant case is a malicious prosecution as there is no evidence to prosecute the applicants in the present case. He next submits that brief facts of the case, applicant No. 1 entered into the house of the opposite party No. 2 and flirted with her sleeping minor daughter of opposite party no. 2 and heard the alarm ran away with applicant no. 2 who was standing out of the house and abuses the informant and other members. Learned counsel for the applicants submits that the cognizance taken by learned Magistrate vide order dtd. 1/2/2022 is in printed proforma and has not applied its judicial mind.