- (1.) The present application u/s 482 has been filed with the prayer to quash the summoning order dated 25.1.2016 passed by the Additional Sessions Judge, Court No.2, Jalaun in Misc. Case No. 11 of 2015 under Sections 354-A, 506 IPC and 7/8 POCSO Act and Section 3(1)10 SC/ST Act, P.S. Konch, District Jalaun. Further prayer has been made to stay the further proceedings of the aforesaid case as well as the execution of the aforesaid summoning order.
(2.) Heard learned counsel for the applicant as well as the learned AGA.
(3.) It was submitted by the learned counsel for the applicant that the offence is said to have been committed on 16.11.2014 and the First Information Report was lodged on 22.11.2014. No plausible explanation has been given to the delay. Prosecution case is also not supported by any medical evidence. Final report in the matter was submitted twice. The protest petition was filed alongwith affidavit. The court below taking into consideration the extraneous material (the affidavits filed alongwith the protest petition), summoned the applicant to face trial, whereas extraneous material could not be taken into consideration while rejecting the final report. The court below erred in passing the impugned order.;