JUDGMENT :

1. Heard Sri Manoj Kumar Tripathi, learned counsel for the revisionist and learned A.G.A. for the State.

2. The present criminal revision purported to be u/s 397/401 of Cr. P.C. has been instituted challenging the summoning order dated 21.11.2020 passed by learned Additional District and Sessions Judge/Special Judge, POCSO Act, Hapur in Application u/s 319 Cr.P.C. arising out of Special Sessions Trial No. 35 of 2016 as well as case crime no. 218 of 2016, u/s 363, 376 (2) (I) IPC and section 4 of POCSO Act and section 3(2)(5) SC/ST Act, P.S. Hapur Nagar, District Hapur (Sate Vs. Rahul and others) whereby the revisionist has been summoned by the court below in exercise of powers u/s 319 Cr.P.C. 1973.

3. Record reveals that the FIR was lodged by the opposite party no. 2 reporting that the incident took place on 17.01.2016 at 08:35 p.m. wherein the minor daughter being Ms. Chanchal aged about 15 years had gone out of her house to bring sugar and when she did not return after lapsing of sufficient time then the opposite party no. 2 being father of the victim along with other relatives who remain present started searching the victim and after a period of about two months i.e. on