JUDGMENT :

Hon'ble Abdul Moin, J.

1. Rejoinder affidavit filed today is taken on record.

2. Heard Shri Bal Keshwar Srivastava, learned counsel for the appellant as well as Shri Angad Vishwakarma, learned A.G.A. for the State-respondent(s).

3. The instant criminal appeal has been filed under Section 86 of the Criminal Procedure Code (hereinafter referred to as "Code") challenging the order dated 12.07.2023, a copy of which is annexure 3 to the appeal, passed by learned Special Judge, POCSO Court No.2, Lucknow. By the said order, the application filed by the appellant under Section 84 of the Code has been rejected.

4. The short facts as urged by the learned counsel for the appellant is that an F.I.R. had been lodged by Saiyyad Ali Hasan against Faiyaz Abbas (the appellant herein), Faiz Abbas (the son of the appellant) and Smt. Guddo (the wife of the appellant). The F.I.R. was lodged on 28.11.2015 under the provisions of Section 3 & 4 of POCSO Act as well as under Sections 323, 328, 363, 376, 504 & 506 of I.P.C.

5. As the authorities were unable to ensure the appearance of Shri Faiz Abbas, the son of the appellant, consequently an order under Section 82 of the Code dated 12.01.2023, a copy