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2022 Supreme(Megh) 299

W. DIENGDOH
Mohammad Saimullah – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
Mr. S.C. Chakrawarthy. Sr. Adv. with Ms. A. Barua, Advocate, for the Petitioner; Mr. B. Bhattacharjee, AAG with Ms. R. Colney, GA, for the Respondent No. 1; None, for the Respondent Nos. 2 & 3

JUDGMENT

1. This is an application under Section 482 Cr.P.C, with a prayer to set aside and quash the criminal proceedings against the petitioner and the portion of the impugned order dated 18.11.2021 whereby, charges were framed against the petitioner in Special (POCSO) Case No. 58 of 2020.

2. Heard Mr. S.C. Chakrawarty, learned Sr. counsel along with Ms. A. Barua, learned counsel for the petitioner who has submitted that an FIR dated 23.04.2020 was lodged before the Officer-In-Charge Madanrting P.S by the respondents No. 2 & 3 herein as complainants. In the said FIR, it was alleged that on 15.04.2020, their minor daughter of nine years old, while she was playing near her house, some persons were playing cards and one of them asked her for a glass of water and at that time, he grabbed her hand, but the said minor daughter managed to run away. Another incident which happened on 19.04.2020 involving the said minor daughter and another person was also noted down in the said FIR, however, the petitioner herein is concerned only with the first incident as he is the named accused in that said FIR.

3. It is further submitted that on the FIR being acknowledged, Madanrting P.S Case No. 32(4)2

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