NARESH SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mahesh Tewari, learned counsel for the petitioner, Mr. Abhay Kumar Tiwari, learned counsel for the State and Mr. Pankaj Kumar Ravi, learned counsel for the informant.

(2.) This petition has been filed for quashing the order of the cognizance dtd. 24/6/2022 arising out of Katkamdag P.S. Case No.71/2022 registered for the offence under Sec. 376 of the Indian Penal Code and Sec. 4 of POCSO Act, and subsequently cognizance has been taken under Sec. 376 of the Indian Penal Code and Sec. 4 and 6 of POCSO Act against the petitioner, pending in the court of the learned Special Judge, POCSO Act, Hazaribag.

(3.) Mr. Mahesh Tewari, learned counsel for the petitioner submits that the police has investigated the case and submitted charge-sheet under Sec. 376 of the Indian Penal Code, however the learned court has also taken cognizance under Sec. 4 and 6 of POCSO Act against the petitioner. He further submits that the police has already come to the conclusion in view of the medical report that the victim was aged about 20 years, however the learned court has categorically come to the conclusion that the age of the girl was 15 years. He submits that that part of the order is bad in law and this Court may interfere and quash the impugned order.