JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. The present revisional application has been preferred for quashing the Special Court Case No.05/2018 pending before the Court of Learned Special Judge under protection of children from Sexual offences Act, 2012 (in short POCSO Act) arising out of Darjeeling Sadar Women Police Station Case No.01/2018 dated 2.3.2018 under Sections 6/17 of the POCSO Act and added Sections 314/315 of the Indian Penal Code read with Section 5(3) of the Medical Termination of Pregnancy Act, 1971.

2. The petitioner contended that the petitioner is the senior most Gynecologist in the District Hospital, Darjeeling and he tried to save the life of a minor girl aged about twelve years by aborting her in the District hospital having due consent of her relative, who got pregnant due to commission of rape by one of her close relative.

3. One Mousam Rai, who is the uncle of the victim girl lodged a written complaint on 2.3.2018 alleging that he went to Delhi due to economic/financial hardship, leaving the victim girl in the custody of his sister and brother-in-law. Due to continuous rape committed on the victim girl by his brother-in-law, Mr. Sishan Rai, the victim girl became p