KABAK NIKKI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. M. Kato, learned counsel for the petitioner. Also heard Mr. U. Bori, learned Addl. P.P., for respondent State of Arunachal Pradesh/Respondent No. 1 and Mr. G. Kamduk, learned counsel for Respondent No. 2.

(2.) This is an application under Ss. 482 and 397 of the Code of Criminal Procedure, 1973, for setting aside of the impugned order, dtd. 7/12/2021, passed by the learned Special Judge, POCSO Act, Yupia, in BA No. 315/2021 in Itanagar Women Police Station Case No. 180/2021 with IA(Crl.)61/2021, u/ss. 441/325/354/363/511/376(3)/506/34 of the Indian Penal Code read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012, whereby the accused/Respondent No. 2, herein, who was arrested on 24/11/2021, in the said Police Station Case No. 180/2021, has been granted interim bail in connection with the aforesaid Police Station Case No. 180/2021, while fixing the next date on 12/1/2022 (wrongly written as 12/1/2021).

(3.) Since this revision petition has been filed under Ss. 482 and 397 of the Code of Criminal Procedure, 1973, assailing the interim bail granted to the Respondent No. 2, herein, by the learned Special Judge, POCSO Act, Yupia, as indicated hereinabove; Mr. Kamduk, learned counsel for Respondent No. 2, by referring to Sec. 397(2) of the Code of Criminal Procedure, 1973, as well as paragraph No. 24 of a decision rendered by the Hon'ble Apex Court in Girish Kr. Suneja Vs. Central Bureau of Investigation (CBI), reported in (2017) 14 SCC 809, contends that neither revision petition u/s. 397 of the Code of Criminal Procedure, 1973, would lie against the interlocutory order, which is the impugned interim bail order dtd. 07/12/2021, passed by the learned Special Judge, POCSO Act, Yupia, in view of the prohibition contained u/s. 397(2) of the Code of Criminal Procedure, 1973, nor, under Sec. 482 of the Code of Criminal Procedure, 1973, when there is a specific provision of prohibition against the interference of the interlocutory order under Sec. 397(2) of the Code of Criminal Procedure, 1973.