MUTSANGLEMBA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Moa Jamir, learned counsel for the petitioners alongwith Mr. K. Angami, learned Public Prosecutor for the State.

(2.) This is a petition under Sec. 482 of Code of Criminal Procedure, 1973 (Cr.P.C) for quashing and setting aside the FIR dtd. 11/3/2021 lodged by the complainants (respondent Nos. 2, 3 and 4) and the proceedings against the petitioners in GR-17/2021 in connection with Women Police Station Case No. 04/2021 under Sec. 75 of the Juvenile Justice (Care and Protection) Act, 2015 which is presently pending before the learned Court of Judicial Magistrate, First Class, Kohima, Nagaland.

(3.) Facts leading to the institution of the present petition are that on 11/3/2021, a written complaint was filed by respondent Nos. 2, 3 and 4 at North Police Station (Kohima, Nagaland) on the allegation that the present petitioners have physically assaulted a minor girl aged 5 years whom they had adopted. Subsequently the case was registered on 12/3/2021 and the petitioners were apprehended by the Kohima North Police personnel. The Investigating Officer, after due investigation filed charge-sheet against the petitioners under Sec. 323 IPC read with Sec. 75 JJP Act, 2015. The case Investigating Officer also submitted 15 nos. of prosecution witnesses to prove their case against the petitioners. The petitioners were granted bail on 13/5/2021.