(1.) This Petition is directed against the order dtd. 17/9/2022, passed by the learned Special Judge under the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act"), Greater Mumbai on an Application below Exhibit- 19 for framing of charge against the petitioners under Sec. 302 and to direct investigating agency to file supplementary charge-sheet under Sec. 302 of Indian Penal Code, 1860, referred by respondent no.3 (father of victim), whereby the said Application came to be allowed.
(2.) The background facts necessary for determination of this Petition can be summarised as under;
(3.) I have heard Mr. Satish Borulkar, learned advocate for the petitioners, Mr. H. S. Venegavkar, learned advocate for respondent no.1, Mr. A. R. Patil, learned APP for Respondent No.2 (State) and Mr. Mahrukh Adenwala, learned advocate for respondent no.3. I have also perused the material on record including documents annexed with the Petition and compilation submitted by respondent no.3 containing statements of co-inmates of deceased and earlier orders of this Court.