ORAL JUDGMENT

1.0 The present petition has been filed by the petitioners-original accused under Section 482 of the Code of Criminal Procedure, 1974 (the Code) seeking quashing and setting aside the order dated 16.05.2016 passed below Exh.48 in Special Case (POSCO) No.45 of 2014 by the learned Special Judge (POSCO) City Civil Court No.2, Ahmedabad.

Rule. Moxa Thakker, learned APP waives service of Rule for the respondent-State.

2.0 The brief facts leading to filing of present petition are as under:-

2.1 An F.I.R. came to be registered by the respondent no.2 herein being the first informant before the Isanpur Police Station on 12.03.2014 being Cr.No.I-46/2014 for the offences punishable under Section 376 of the Indian Penal Code, 1860 (IPC) and Section 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 (POSCO). Thereafter, investigation commenced and charge-sheet came to be submitted by the Investigating Officer before the Special Judge against the present petitioner and Special Case (POSCO) No.45 of 2014 came to be registered.

2.2 Thereafter, the learned Special Judge framed charge against the accused for the offences punishable under Section 376 of the IPC and Section