RAJVIR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Satendra Kumar Upadhyay, learned counsel for the applicants, Sri Abhishek Kumar Shukla, Advocate holding brief of Sri Devesh Kumar Shukla, learned counsel for the opposite party no.2/ informant and Sri Prashant Kumar Singh, learned A.G.A. for the State.

(2.) The present application under Sec. 528 of B.N.S.S. has been filed for quashing the impugned order dtd. 17/2/2025 passed by the Special Judge (POCSO Act)/ Additional District and Session Judge, Aligarh in Session Trial No.288 of 2025 (State Versus Rajvir and another), arising out of Case Crime No.888 of 2023, under Ss. 363, 366, 376D, 342 I.P.C. and Sec. 3/4 of POCSO Act, Police Station Atrauli, District Aligarh and the order dtd. 12/6/2025, whereby non-bailable warrant has been issued against the applicants.

(3.) The brief facts of the case are to the effect that a First Information Report was lodged against an unknown person on 23/12/2023 at 07:11 hours in respect of an alleged incident dtd. 21/12/2023 at 14:00 hours. The FIR was registered as Case Crime No.888 of 2023, under Ss. 363 and 366 IPC at Police Station Atrauli, District Aligarh. It is alleged by the first informant in the FIR that she went to the market along with her daughter. While there, the victim/ daughter of the informant went to get some food but did not return. It appears that an unknown person has enticed away the minor daughter of the first informant. The Investigating Officer recorded the statement of the first informant, who supported the prosecution case and provided the school certificate of the victim, wherein her date of birth was mentioned as 21/8/2008. Therefore, the victim was above 15 years of age at the time of the alleged incident.