Neutral Citation No. - 2025:AHC-LKO:35863 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4933 of 2025 Applicant :- X-(Minor) Of The Case Crime No. 390/2022 Thru. Her Gaurdian Father Y Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Bal Krishna Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The instant application has been filed by the applicant praying as under:- "To quash the Charge Sheet dated 06.12.2022 Under Section 354 I.P.C, 9(m) & 10 of POCSO Act arising out from case crime no 390 of 2022 police station Payagpur, District Bahraich, as well as summoning order dated 16.08.2023 & Bailable warrant order dated 21.05.2024 and also quash the further proceeding of Criminal Case No. 850 of 2023 State vs Mithun District Bahraich which is pending before the learned Additional Session Judge (Special Judge Pocso Act, Bahraich). To direct the additional session judge (Special Judge) Pocso Act Bahraich to declare the juvenile to the applicant and remand/transfer the case before Juvenile Justice Board Bahraich for the Trial in the interest of justice." 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case due to quarrel, which was taken place on 15.09.2022 in between family of the applicant as well as the complainant of the present case. Thereafter, the F.I.R. of the case in question was lodged on the basis of concocted facts. At the time of alleged incident, the applicant was minor, who was aged about 14 years 6 months (date of birth: 07.08.2008). But, this fact was not considered by the Investigating Officer. It is further submitted that as per the prosecution case, on 16.09.2022 at about 1:00 pm, when the victim went to ease her near a pond, the applicant came there and pushed her and he tried to remove her clothes. It is also alleged therein that anyhow, the victim raised alarm, then some boys of the village, who were doing fishing in the pond, immediately rushed towards the victim, as a result, the applicant ran away. Thereafter, the F.I.R. in question was lodged on 17.09.2022 on written complaint of mother of the victim at 14:43 hours after 24 hours from the time of incident. It is next submitted that the alleged offenses are punishable upto 7 years and the applicant was not taken into custody. During the course of investigation, statements of the victim were recorded u/s 161 and 164 Cr.P.C. In her statement recorded before learned Magistrate u/s 161 Cr.P.C., she categorically stated that on 16.09.2022 at about 3:00 pm, when she went to ease her, the applicant tried to remove her clothes, and on her alarm, her brothers, namely, Rizwan and Khalil reached on the spot, then the applicant ran away. In her statement recorded u/s 164 Cr.P.C., the victim stated that on the date of the incident at about 5:00 am, she went to ease her, the applicant caught her and pressed her breast, hence, she raised alarm and the applicant told her not to inform anyone about this incident, otherwise he would be beaten. It is further alleged in her statement recorded u/s 164 Cr.P.C. that on her alarm, her brothers, namely, Rizwan and Khalil reached on the spot and caught him. Thereafter, statements of Rizwan and Khalil were also recorded, in which, they stated that the applicant was trying to outrage the modesty of the victim and when she raised alarm, they rushed towards that place, but the applicant ran away. It is also submitted that the F.I.R. in question was lodged by mother of the victim on the narration given by the victim with the averment that the incident was taken place at 1:00 pm. However, in the victim's statement recorded u/s 161 Cr.P.C, she stated that the incident was taken place at 3:00 pm. Further, in her statement recorded u/s 164 Cr.P.C., she stated that the said incident was taken place at 5:00 am. In her statement recorded u/s 164 Cr.P.C., the victim also stated that the applicant was caught by her brothers, but in the statements of her brothers, they stated that the applicant ran away from the alleged place. All these facts were not properly considered by the Investigating Officer and charge-sheet was submitted. It is vehemently submitted that juvenility of the applicant was not considered and an application was moved before learned trial Court on 09.10.2023. Thereafter, Krishan Kanhaiya Maurya, Head Master, was summoned as Court witness and his statement was also recorded. It is lastly submitted that the aforesaid application for declaring the applicant as juvenile is not decided till today and non bailable warrant has been issued on 21.05.2024, hence, indulgence of this Court is required. 5. Learned A.G.A. vehemently opposes the prayer of the applicant. However, he does not dispute the fact that there are major contradictions in the statements of the victim recorded u/s 161 and 164 Cr.P.C. and as alleged in the F.I.R. in question. 6. Considering the submissions of learned counsel for the parties and going through the contents of the application as well as other relevant material, it is evident that during the course of investigation, the F.I.R. in question was lodged by mother of the victim on the narration given by the victim, in which, time of alleged incident is mentioned as 1:00 pm. Thereafter, statements of the victim were recorded u/s 161 and 164 Cr.P.C., in which, the time of the incident is mentioned as 3:00 pm and 5:00 am, respectively. It is also evident that the application has been moved for declaring the applicant as juvenile. Therefore, the present application is disposed of with direction to the trial Court to decide the pending application dated 09.10.2023 for declaring the applicant as juvenile within a period of four months from the date of production of certified copy of the order. 7. In case the applicant files any application for bail, the same shall be considered and decided in accordance with law laid down by the Hon'ble Apex Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another; (Special Leave to Appeal (Crl.) No.5191 of 2021). 8. Till disposal of aforesaid application, no coercive step be taken against the applicant. Order Date :- 19.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench