LAWS(GAU)-2022-9-97

MOUSUMI MAHANTA Vs. STATE OF ASSAM

Decided On September 16, 2022
Mousumi Mahanta Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. A. Ganguly, learned counsel for the petitioner. Also heard Mr. S.C. Biswas, learned counsel for the respondent Nos. 2 to 12 and Mr. K.K. Parasar, learned Addl. Public Prosecutor for the respondent No. 1.

(2.) In this petition, under Sec. 397 read with Sec. 401 of the CrPC and Article 227 of the Constitution of India, the petitioner has challenged the legality, propriety and correctness of the order dtd. 26/2/2019, passed by the learned Special Court, Nagaon in connection with Special (POCSO) Case No. 48/2018, registered under Sec. 4 of the POCSO Act read with Ss. 366/376 of IPC.

(3.) It is to be noted herein that vide impugned order the learned Court below has accepted the final report and refused to take cognizance against the FIR named accused persons except accused Dipankar Das @ Deha, in spite of the petition filed by the petitioner.