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HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Akash – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
VIVEK KUMAR SINGH' J.
1. Counter affidavit filed today is taken on record.
2. Heard Sri Dharmendra Kumar Patel' learned counsel for the applicant' Sri Brij Kishore Singh' Advocate holding brief of Sri Chandra Prakash Pandey' learned counsel for first informant/ opposite party no.2 and Sri Prashant Kumar Singh' learned A.G.A. for the State.
3. Present application under Section 528 Bhartiya Nagrik Suraksha Sanhita (in short 'BNSS') has been filed seeking to quash the charge sheet no.225 of 2018 dated 13.09.2018 and cognizance/ summoning order dated 25.09.2019 as well as proceeding of Special Session Trial No.195 of 2019 (State Vs. Akash)' arising out of Case Crime No.207 of 2018' under Sections 363' 366 & 376 I.P.C. and Section 3/4 of POCSO Act' Police Station Rajpura' District Bheem Nagar (Sambhal)' pending in the court of learned Special Judge POCSO Act/ Additional Session Judge' Sambhal at Chandausi.
4. Brief facts of the case are that the opposite party no.2/ first informant lodged the first information report against the applicant on 20.06.2018 at 12:51 hours in respect of alleged incident dated 17.06.2018 at 9:00 A.M. The first information report was registered as Case Cr
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