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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SRIVASTAVA
Bhavlesh – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Saurabh Srivastava, J.
1. Heard Sri Jay Prakash Yadav, learned counsel for applicants and Sri Sandeep Kumar, learned AGA for State.
2. Present application has been preferred with prayer to quash summoning order dated 05.04.2022 as well as entire proceeding registered as Criminal Case no. 90 of 2021 ( Smt. Laxmi Devi vs. Mukesh and others ) arising out of Case Crime no. 0626 of 2021 under sections 328, 354, 504, 506 and 7/8 POCSO Act, PS- Loni Border, District Ghaziabad pending in court of learned Special Judge (POCSO Act), Additional District and Sessions Judge, Ghaziabad.
3. Learned counsel for applicants submitted that in present case, in pursuance to FIR bearing Case Crime no. 0626 of 2021 registered at the behest of opposite party no. 2 against applicants and another co-accused, concerned Investigating Officer submitted final report before learned court concerned. Being aggrieved with the final report, opposite party no. 2 preferred protest petition which has been allowed vide impugned order dated 05.04.2022 passed by learned Special Judge (POCSO Act)/Additional District and Sessions Judge, Ghaziabad whereby applicants have been summoned.
4. It is contended by learned cou
A Special Judge under the POCSO Act cannot summon an accused solely based on a protest petition after a police report has been rejected; proper cognizance must follow the statutory procedures.
Cognizance under POCSO Act requires a valid police report or complaint; reliance solely on victim's statement is insufficient if the applicant is not named in the charge sheet.
An order accepting a final report under Section 362 Cr.P.C. is a final order that cannot be recalled without sufficient reasoning, although procedural reviews may be permissible under specific circum....
The Special Court has the authority to direct police to register an F.I.R. under the POCSO Act, and such directions, despite procedural flaws, do not constitute illegality.
(1) Merely because list of witnesses was not filed alongwith protest petition, it cannot be said that protest petition cannot be treated as a complaint.(2) Fair, just and proper investigation is esse....
POCSO Cases – There is no bar for Special Judge to forward complaint to Police official to register case and to investigate the matter – Offences under POCSO Act are cognizable offence and police sho....
The power under Section 319 of Cr.P.C. is discretionary and extraordinary, to be exercised sparingly and with caution, and requires strong and cogent evidence against the person being summoned.
Victims have the right to be informed and heard regarding the outcomes of investigations into allegations against them, ensuring compliance with natural justice principles.
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