NURUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. A. Mazumder, learned counsel for the petitioners. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State respondent as well as Ms. M. K. Brown, learned Amicus Curiae, representing the informant.

(2.) This application under Sec. 482 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India, has been filed by the petitioners, namely 1. Nurul Haque and 2. Ahsanul Hoque, praying for quashing of the Charge-sheet No. 73/2023 dtd. 30/3/2023 and the criminal proceeding which has been initiated on the basis of the same, namely, Special [POCSO] Case No. 72 (H)/2023, pending in the Court of learned Special Judge, Hojai.

(3.) The facts relevant for consideration of the instant criminal petition, in brief, are as follows: