STATE OF U P Vs. MOHD FURKAN

JUDGEMENT

(1.) Perusal of record establishes that Application U/S 482 No.- 44691 of 2018 (Aishwarya Chaudhary @ Mausam v. State of U.P. and another) has been filed against order dated 29.08.2018 passed by I-Additional Sessions Judge/Special Judge (POCSO Act), Bijnore whereby learned court has rejected application Kha 148 filed under section 321 Cr.P.C., by the Public Prosecutor/Prosecuting Officer for withdrawl of prosecution of aforesaid criminal case and acquittal of applicant Aishwarya Chaudhary @ Mausam and Criminal Revision No. 3971 of 2018 (State of U.P. v. Mohd. Furkan and another) has also been filed by the State challenging the aforesaid order on the ground of appreciation of evidence by the court of I-Additional Sessions Judge/Special Judge (POCSO Act), Bijnore, which is allegedly arbitrary and erroneous in the eyes of law.

(2.) As both the aforesaid connected matters, through different judicial provisions, have been targetted against solitary order dated 29.08.2018 passed by I-Additional Sessions Judge/Special Judge (POCSO Act), Bijnore in Session Trial No. 121 of 2016 (State v. Sansar and others) arising out of Case Crime No. 1036 of 2016, under sections 147, 148, 149, 302, 307, 452, 504, 436, 337 IPC and 7 of the Criminal Law Amendment Act, P.S. Khotwali Shahr, District Bijnore therefore, both the cases i.e., Application U/S 482 No.- 44691 of 2018 (Aishwarya Chaudhary @ Mausam v. State of U.P. and another) and Criminal Revision No. 3971 of 2018 (State of U.P. v. Mohd. Furkan and another) are being adjudicated and decided by this Court together with the consent of rival contesting parties.

(3.) Heard Sri Dileep Kumar, assisted by Sri Bhuvnesh Kumar Singh and Sri Rajarshi Gupta, learned counsel for the applicant, learned AGA for the State and Sri Vijaya Nand Maurya, learned counsel for private opposite party appearing in Application U/S 482 No.- 44691 of 2018 (Aishwarya Chaudhary @ Mausam v. State of U.P. and another).