RAJEEV MISRA,J. - (1.) This application under Section 482 Cr.P.C. has been filed by the accused applicants challenging the summoning order dated 12.4.2018, the consequential order dated 11.5.2018 (whereby non bailable warrants have been issued against the applicants) passed by the First Additional Sessions Judge, Sonbhadra in Sessions Trial No. 23/2016 State v. Ram Dayal, under Section 376 D, 506 IPC, Section 5(6) 6 POCSO Act and Section 3(2)(5) SC/ST Act, Police Station Myorpur, District Sonbhadra as well as the entire proceedings of the above mentioned complaint case.
(2.) Mr. B.K. Srivastava, the learned Senior Counsel assisted by Mr. Dhiraj Srivastava and Mr. Anjani Kumar Advocates for the applicants, the learned A.G.A. for the State and Mr. Piyush Tripathi Advocate, for the complainant opposite party No. 2 have been heard at length and in detail.
(3.) The facts necessary for the present adjudication portray that an incident is alleged to have occurred on 20.12.2014 in which Manju Kumari the daughter of the complainant opposite party No. 2 aged about 13 years is alleged to have been gang raped by the applicants. According to the opposite party No. 2 inspite of the best efforts made by him, the F.I.R. in respect of the said incident was not registered. Consequently, the opposite party No. 2 after the expiry of 17 days from the date of the alleged incident, filed an application dated 7.1.2015, in terms of Section 156(3) Cr.P.C. before the Magistrate concerned. The said application came to be allowed on 11.12.2014. As a result of the aforesaid, an FIR dated 31.12.2014 came to be registered at Police Station Myorpur, District Sonbhadra as Case Crime No. 228 of 2014, under Section 376(d) IPC, Section 5(6), 6 POCSO Act and Section 3(2)(5) SC/ST Act.;