ARUN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicants as well as Sri Motil Lal, learned A.G.A. for the State and perused the record.

(2.) The present application has been filed by applicant to quash the entire proceedings as well as impugned summoning order dtd. 4/5/2024 passed by the learned Additional Session Judge/Special Judge, Exclusive Court (POCSO Act), Basti in warrant/Summon Case No. 160 of 2023 (Gurudas Vs. Arun Kumar) under Ss. 354 Kha, 504, 506 IPC and 7/8 POCSO Act, P.S.- Nagar, District Basti.

(3.) It is submitted by learned counsel for the applicants that the complaint so sought to be lodged by the opposite party no. 2, father of the victim, is nothing but the grossest misuse of the process of law particularly when totally false and frivolous allegations have been sought to be leveled with regard to outraging the modesty of the victim as with relation to an incident dtd. 11/8/2023, on 16/8/2023 an F.I.R. under Ss. 279, 323, 504, 506 IPC was lodged by the applicant factual against the complainant faction and it is nothing but a counterblast in that regard and the applicant is innocent in this regard. He further submits that the order passed while summoning the applicant is a mechanical order without according reason prima facie coming to the conclusion in view of the law laid down and in direct in truth of mandate of the Hon'ble Apex Court in the case of Lallan Kumar Singh and others Vs. State of Maharashtra reported in 2022 LawSuit(SC) 1209.