RAJEEV CHETTRI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The facts and circumstances as is evident from the body of the two petitions under consideration are almost similar, inasmuch as, it involves the petitioner No. 1 and 2 respectively and the petitioner No. 3 in Crl.Petn. No. 29 of 2022 who is the mother of the petitioner No. 2 and again, in Crl.Petn. No. 30 of 2022 the petitioner No. 1 and 2 respectively are the same persons as could be found in Crl.Petn. No. 29 of 2022 while the petitioner No. 3 therein is the father of the petitioner No. 2. The issue being common, this Court accordingly deems it proper to take up these two petitions together and to pass a common judgment and order.

(2.) On 30/10/2017, an FIR was lodged by Shri. Chikun Deka before the Officer-in-Charge, Rilbong Police Beat House, Shillong informing the police that his minor daughter who was staying with his wife near Shillong Times was kidnapped on 28/10/2017 by one Shri. Rajeev Chettri (petitioner No. 1). On receipt of the same, the police have registered a case being Laban P.S. Case No. 119 (11) of 2017 under Sec. 363 IPC read with Sec. 3/4 of the POCSO Act.

(3.) On investigation being completed, the Investigating Officer filed the charge sheet on 30/6/2018 and the matter was then taken up by the learned Special Judge, (POCSO), Shillong in POCSO Case No. 39 of 2019. It may be mentioned that in course of investigation, the alleged abductor is the petitioner No. 1 herein who was arrested on 3/11/2017 when he was found in the company of the alleged missing minor girl on 2/11/2017 from Byrnihat, Ri-Bhoi District. According to the petitioner, the case is at the stage of framing of charge.