JUDGMENT :

Mridul Kumar Kalita, J.

Heard Mr. Sentiyanger, learned counsel for the petitioner. Also heard Mr. K. Angami, learned Public Prosecutor for the State of Nagaland and Mr. Supongwati Walling, learned counsel for the respondent No. 2 (prosecutrix).

2. This Criminal Revision Petition has been filed by the accused/petitioner, namely, Shri Temjensuba Longkumer under section 401 read with sections 397 & 482 of the Code of Criminal Procedure, 1973 impugning the order dated 30.09.2022 passed by the learned Sessions Judge, Mokokchung, Nagaland in Sessions Case No. 4/2022 framing charges against the accused/petitioner under section 354/376/506 of Indian Penal Code read with section 66 of Information Technology Act, 2000.

3. The facts relevant for adjudication for this Criminal Revision Petition, in brief, are as follows:-

(i) That on 23.03.2022 at 4:30 p.m. an FIR was lodged by one XXX (name of the victim not disclosed and hereinafter she is referred to as “XXX”) before the Officer-in-Charge, Women Police Station, Mokokchung, Nagaland, inter alia, alleging that the present accused/petitioner (Mr. Temjensuba Longkumer) was known to her through facebook and on 20th January, 2022 at around 8-9 p.m. he violated her sexually after threatening her with a hand gun and took her nude photographs. Later on, he again contacted her and threatened to expose and make the contents in his possession viral in media platform if does not comply with his demand and he exploited the helplessness of the victim on several occasions. He also threatened her that approaching Police or other help would be futile on her part as he was renowned person of Mokokchung and nobody would believe her story.

(ii) On receipt of the said FIR, Mokokchung Women P.S. Case No. 001/2022 was registered under section 354/376/506 of Indian Penal Code read with section 66E of Information Technology Act, 2000 and the present accused/petitioner was arrested on 23.03.2022.

(iii) After completion of the investigation, the Investigating Officer laid the Charge-sheet No. 2/2022 against the present accused/petitioner under section 354/376/506 of Indian Penal Code read with section 66E of Information Technology Act, 2000.

(iv) The accused/petitioner was produced before the Court of Chief Judicial Magistrate, Mokokchung and on 21.06.2022 he was released on bail. On 28.09.2022, learned Chief Judicial Magistrate, Mokokchung committed the case to the Court of learned Session Judge, Mokokchung as the offence under section 376 IPC is exclusively triable by the Court of Sessions.

(v) On 30.09.2022, learned Sessions Judge, Mokokchung framed charges under section 354/376/506 of Indian Penal Code read with section 66 of Information Technology Act, 2000 against the present accused/petitioner and when the charges were explained to him, the present accused/petitioner pleaded not guilty to the said charges and claimed to be tried.

4. Mr. Sentiyanger, learned counsel for the accused/petitioner has submitted that the accused/petitioner was not served with the copies of charge-sheet and other documents submitted along with the charge-sheet and he was only informed by his counsel to come to the Court on 30.09.2022 and to plead not guilty. Mr. Sentiyanger, learned counsel for the accused/petitioner has further submitted that the petitioner was prejudiced due to non-furnishing of documents which were forwarded to the Magistrate along with the charge-sheet. It is also submitted that due to non-furnishing of the said documents the accused/petitioner was deprived of an opportunity to argue for his discharge before the learned Sessions Judge. It is also submitted that on 02.11.2022, the accused/petitioner filed an application before learned Sessions Judge, Mokokchung under section 207 read with section 208 of the Code of Criminal Procedure, 1973 praying for furnishing the copies of printouts of the screen-shots of “facebook messenger” and/or “Whatsapp” chats between him and the prosecutrix which were submitted along