JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Mr. K.N. Choudhury, the learned senior counsel for the petitioner. Also heard Mr. D. Das, the learned Additional Public Prosecutor for the respondent no. 1. None appears for the respondent no. 2 being Miguel Queah.

2. Office note of 06.01.2021 shows that service in respect of respondent no. 2 be deemed to have been served under Section 27 of the General Clause Act, 1897. By the subsequent order of 18.01.2021, by taking note of the said office note, service was accepted to be complete.

3. The respondent no. 2 Miguel Queah, had lodged an FIR before the Officer-in-Charge of Satgaon Police Station which was registered as Satgaon Police Station Case No. 125/2019 under Section 376(2)(i)/354-A of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short the POSCO Act, 2012).

4. The said FIR is extracted as below:

“Ref: UTSAH/Case/CSA/2019/5

Date: 25.04.2019

To,

The OC, Satgaon

Police Station

Guwahati

Assam

Subject: F.I.R. against Mr. Ghanashyam Das (Ph 94359-10574) for Aggravated Penetrative Sexual Assault.

Dear Sir,

This is to bring to your notice that a girl child named Ms. Riba Das had given birt