RAJIB GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Z. Kamar, learned Senior Counsel, being assisted by Mr. S. Islam, learned counsel for the petitioners. Also heard Mr. P.S. Lahkar, learned Addl. P.P., Assam, appearing for the State/ respondent No.1 and Mr. A.K. Gupta, learned counsel for the respondent No.2.

(2.) In this petition, under Sec. 482 of the Code of Criminal Procedure, 1973, three petitioners, namely, (1) Rajib Ghosh, (2) Laxman Swami and (3) Rakesh Sharma have challenged the legality, propriety and correctness of the order, dtd. 19/12/2018, passed by the learned Special Judge, Tinsukia, in POCSO Case No. 52(T)/2018 and prayed for setting aside and quashing of the said order dtd. 19/12/2018. The petitioners also prayed for quashing of the entire proceeding in connection with the POCSO Case No. 52(T)/2018, under Sec. 22 of the POCSO Act, read with Sec. 323/324/34 of the IPC, pending in the Court of learned Special Judge, Tinsukia.

(3.) It may be mentioned here that although three petitioners, namely, (1) Rajib Ghosh, (2) Laxman Swami and (3) Rakesh Sharma, have preferred the present Criminal Petition, yet, during the pendency of the petition, petitioner No. 3, namely Rakesh Sharma suffered demise and no step has been taken to implead his legal heirs.