SANDEEP KUMAR JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner against the order dated 27.8.2019 passed by the learned Special Judge, POCSO Act Cases, Churu in Criminal Case No. 74/2019, whereby the learned Trial Court took cognizance against the petitioner for offences under Sections 363, 366-A, 365, 376, 382, 457, 450 R/w Section 120B I.P.C. and Section 5/6 R/w Section 17 of POCSO Act and summoned him through arrest warrant.

(2.) Learned Counsel for the petitioner submits that after thorough investigation Police filed final report in the matter that no case is made out against the petitioner. Counsel further submits that initially the prosecutrix has not named the petitioner in her statement recorded under Section 161 Cr.P.C. but later on after a considerable delay, she named the petitioner in her statement recorded under Section 164 Cr.P.C. Counsel submits that the order of taking cognizance is per se illegal, therefore the same deserves to be quashed and set aside. In the alternative, Counsel has made a limited prayer that the arrest warrant so issued against the petitioner may be converted into bailable warrant and the petitioner is ready to appear before the Trial Court.

(3.) Learned Public Prosecutor and learned Counsel for respondent No. 2 opposed the submissions made by the Counsel for the petitioner.