- (1.) Heard Learned counsel for the applicants; the learned AGA for the State; Sri Bimal Prasad for the opposite party no.2 and perused the record.
(2.) In view of the order that is being passed as also the ground on which it is being passed, this Court does not consider it necessary to call for counter affidavit. The learned counsel for the opposite parties also do not want time to file counter affidavit as it would only delay the proceeding, particularly when the matter can be disposed of on a pure legal question.
(3.) Brief facts of the case are that a first information report was lodged by the opposite party no.2 (victim's father), which was registered as Case Crime No.749 of 2014 at P.S. Rauja, district Shajahanpur, under sections 147, 354 A, 352, 323 and 506 IPC and Sections 7/8 of The Protection of Children From Sexual Offences Act, 2012 (hereinafter referred to as Pocso Act). After investigation, the police laid charge-sheet under Sections 352, 323 and 506 IPC only. As a result, the opposite party no.2 filed an affidavit alleging therein that on the date of the incident that is 30th October, 2014, the victim's age was about 16 years and as she had alleged molestation, etc. in her statement, offences punishable under sections 147 and 354 A IPC as also sections 7/8 of Pocso Act were also made out. Upon receiving such affidavit, the learned Magistrate perused the police report and passed the impugned order dated 19.03.2015 thereby directing return of the charge-sheet for being laid before the Special Court constituted under the Pocso Act. In the order impugned it was observed that from the material available in the case diary offences punishable under Sections 323, 353, 354 and 506 IPC and Sections 7/8 of Pocso Act were, prima facie, made out, but as it was not empowered to take cognizance of the offences punishable under the Pocso Act, therefore, the charge sheet is to be returned for presentation before the Special Court.;