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1. Heard Mr. Sagir Ahmad, the learned Senior Counsel assisted by Mr. Ajay Sengar alongwith Mrs. Gunjan Yadav, the learned counsel for revisionists/applicant, the learned A.G.A. for State-opposite party-1 and Mr. Daya Shankar Mishra, the learned Senior Counsel assisted by Mr. Chandrakesh Mishra alongwith Mr. Abhishek Kumar Mishra, the learned counsel representing first informant/opposite party-2 in both the matters.

2. Perused the record.

3. Challenge in both the matters is to the order dated 11.11.2024 passed by Additional District and Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai in Sessions Trial No. 44 of 2020 (State of U.P. Vs. Golu @ Aniket and Others) arising out of Case Crime No. 47 of 2020, under Sections 363, 376, 302 IPC, Section ¾ POCSO Act and Section 3(2)(v) SC/ST Act, Police Station-Churkhi, District-Jalaun, whereby revisionists/applicant, who are prospective accused (i.e. not named in the FIR) have now been summoned by Court below in exercise of jurisdiction under Section 319 Cr.P.C. to stand their trial in aforementioned Sessions Trial.

(vii). Bhola

(viii) Raj Shree

(ix). Bayan Mazid of Bhola

(x). Smt. Simkura (Independent witness)

(xi) Hari Mohan (Independent witness)

(xii) Balwan Singh (Independent witness)

(xiii) Rekha (Independent witness)

(xiv) Smt. Asha Rani (Independent witness)

(xv) Masharam (Independent witness)

11. On the basis of above and other material collected by the Investigating Officer, during course of investigation, he came to the conclusion that complicity of only one of the named accused namely Golu @ Aniket is fully established in the crime in question. He, accordingly, submitted the charge sheet/police report dated 04.10.2020 in terms of Section 173 (2) Cr.P.C., whereby named accused Golu @ Aniket was charge-sheeted under Sections 302, 376(1), 363 IPC, Sections ¾ POCSO Act and Sections 3(2)(v) SC/ST Act. However, investigation in respect of co-accused Mayank was said to be pending.

12. After submission of aforementioned charge sheet/police report, cognizance was taken upon same by Court concerned in exercise of jurisdiction under Section 190(1)(b) Cr.P.C. Resultantly, Sessions Trial No. 44 of 2020 (State of U.P. Vs. Golu @ Aniket and Otehrs) arising out of Case Crime No. 47 of 2020, under Sections 363, 376, 302 IPC, Sections ¾ POCSO Act and Sections 3(2)(v) SC/ST Act, Police Station-Churkhi, District-Jalaun came to be registered in the Court of District and Sessions Judge, (POCSO Act), Jalaun at Orai.

63. As a result, the present criminal revision as well as the application under Section 482 Cr.P.C. succeed and are liable to be allowed.

64. They are, accordingly, allowed.

65. The order impugned dated 11.11.2024 passed by the Additional District and Sessions Judge/Special Judge (POCSO Act), Jaluan, in Sessions Trial No. 44 of 2020 (State of U.P. Vs. Golu @ Aniket and Otehrs) arising out of Case Crime No. 47 of 2020, under Sections 363, 376, 302 IPC, Sections ¾ POCSO Act and Sections 3(2)(v) SC/ST Act, Police Station-Churkhi, District-Jalaun is quashed. Consequently, the application dated 16.07.2024 under Section 319 Cr.P.C. filed by first informant/opposite party-2 shall stand quashed.