- (1.) THIS petition seeks issuance of a writ in the nature of CERTIORARI quashing order dated 27.7.2015 passed by Special Judge/POCSO Act/Additional District Judge, Court No. -8, Raibareli in Case Crime No. -202 of 2015 under Sections 363/366 of the Indian Penal Code and Section 3/4 Protection of Children from Sexual Offences Act, Police Station Kheeron, District Raibarely.
(2.) GIST of the issue raised by way of this petition is recorded in order dated 21.9.2015, which reads as under: - "1. It appears that in context of criminal proceedings initiated at the instance of respondent No. 5 under Case Crime No. 202 of 105, under Sections 363, 366 I.P.C. and Section of 3/4 of Protection of Children from Sexual Offences Act, Police Station Kheeron, District Raibareli, the petitioner was produced before the Magistrate. The petitioner stated that she did not want to go in the company of her parents. 2. Considering the date of birth from school certificate, the petitioner has been confined in Nari Niketan, respondent No. 2. From the order, it does not appear that the medical age of the petitioner has been determined. Station House Officer, Police Station Kheeron, District Raibareli is directed to file his counter affidavit alongwith evidence collected in context of criminal proceedings(supra).
(3.) ISSUE notice to respondent No. 5 returnable on 29.9.2015.;