JEFFREY DIENGDOH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. N. Syngkon, learned counsel for the petitioners who has submitted that an FIR dtd. 10/6/2018 was lodged before the Officer-in- Charge, Mawlai Police Station by the respondent No. 4 herein informing the police that her minor daughter aged about 16 years had gone missing since 4/6/2018 and is suspected to be in the company of one Josh Diengdoh of Mawlai Phudmuri, Block-B.

(2.) On receipt of the said FIR, Mawlai P.S Case No. 47(06) of 2018 under Sec. 364 was registered and investigation launched. In course of investigation, the accused/petitioner No. 1 was arrested and was subsequently released on bail. On completion of the investigation, the Investigating Officer (I/O) has filed the charge sheet against the petitioner No. 1 with the opinion that a case under Sec. 366 A IPC read with sec. 5(l)/6 of the POCSO Act, 2012 was found well established against the accused/petitioner No. 1. The case is now pending before the learned Special Judge (POCSO) Shillong being Special POSCO Case No. 40 of 2020.

(3.) The petitioner No. 1 who is the alleged perpetrator and the petitioner No. 2 who is the alleged victim have jointly filed this petition before this Court, invoking the inherent jurisdiction of the High Court under Sec. 482 Cr.P.C with a prayer to set aside and quash the FIR dtd. 10/6/2018 and the subsequent criminal proceedings against the petitioner No. 1 in Special POSCO Case No. 40 of 2020.