ABUL HOSSAIN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner is the brother of the accused person Ayub Islam @ Ayub Khan who is in judicial custody since 29/3/2022 in connection with Spl. (POCSO) Case No. 28 of 2022 under Sec. 366 IPC r/w Sec. 5/6 and 13/14 of the POCSO Act, 2012 which case is pending before the court of the learned Special Judge (POCSO), West Garo Hills, Tura.

(2.) Heard Mr. S.A. Sheikh, learned counsel for the petitioner who has submitted that on admission of this petition before this Court, a direction was issued upon the petitioner to implead the complainant who has filed the FIR and accordingly, the petitioner has taken steps and has also caused notice to be issued upon the said complainant. However, inspite of the notice being received, the complainant has failed to appear before this Court. Therefore, this matter may proceed exparte against the said complainant.

(3.) The learned counsel for the petitioner has again submitted that an FIR dtd. 2/11/2021 was filed by one Shri Jyoti Sagar Rabha informing the In-Charge Bogularbhita Police Outpost, West Garo Hills that his wife aged about 18 years was found missing from his home, hence the complaint. Again, on 8/11/2021 another FIR was filed by one Shri Hanendra Rabha before the Officer-In-Charge Tikrikilla Police Station, West Garo Hills alleging that the accused Ayub Khan had circulated through social media some objectionable video clippings involving his minor daughter aged about 14 years.