JUDGMENT :

Heard Mr. Joshua Sheqi, learned counsel for the petitioner. Also heard Mr. Zakato Chishi, learned counsel for the private respondent and Mr. K. Angami, learned Public Prosecutor for the State of Nagaland.

2. This petition, under Section 482 of the Criminal Procedure Code, 1973 is preferred by Shri Khehoshe Chishi for quashing the proceeding of G.R. Case No. 71/2022, corresponding to Kohima Women P.S. Case No. 007/2022, under Sections 354A(i)/363/376 of the Indian Penal Code read with Sections 4/8 of the POCSO Act.

3. The factual background, leading to filing of the present petition, is briefly stated as under:-

“On 29.05.2022, one Smti X (name withheld), mother of a minor girl of New Market, Sector-II of Kohima, Nagaland, lodged one F.I.R. with the Women Police Station, North P.S., Kohima, alleging inter alia amongst others that on 28.05.2022, one unknown person forcefully took away her daughter from Lower Chandmari Colony, Kohima, while she was talking with her friend, Mr. Meyiewi, in Lower Chandmari and she was forcefully made to drink alcohol and thereafter, she was physically assaulted and raped by that unknown person on 29.05.2022, at around 3.00 a.m. Upon the said F.I.