JUDGMENT :

SUBHASH VIDYARTHI J.

1. Heard Sri Anil Kumar Awasthi, the learned counsel for the applicants, Sri Anurag Verma, the learned AGA-I appearing on behalf of the State and Sri Ankit Tripathi, the learned counsel for the informant/opposite party no. 2.

2. In compliance of the order dated 20.12.2023 Sri Udai Raj Singh, Circle Officer, Biswan, District Sitapur/Investigating Officer of the case is present in person. He has filed a supplementary counter affidavit annexing therewith copy of the relevant extracts of general diary. The State had already filed a counter affidavit and the applicant has filed a rejoinder affidavit in response to the same.

3. By means of the instant application under Section 482 Cr.P.C. the applicants have challenged the order dated 21.09.2023, passed by the learned Special Judge (POCSO Act)/Additional Sessions Judge, Court No. 14, Sitapur in Case Crime No. 215 of 2023, State vs. Abhijeet Mishra @ Chotakke, under Sections 302, 120-B I.P.C. and Section 3 (2) 5 SC/ST Act, Police Station Mishrikh, District Sitapur, whereby the learned trial court has taken cognizance of offences under Section 302, 376 I.P.C. and Section 3 (2) (v) of SC/ST Act and Section 3/4 PO