Sajal Mondal v. State Of West Bengal And ANR.

SM CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI C.R.R.13 of 2019 In the matter of: Sajal Mondal Mr. Arun Kumar Sarkar.

...for the State/opposite party no.1.

None appears for the petitioner even on second call. 18.6.2019 By the instant application under Section 401 read with Section 482 of the Code of Criminal Procedure the petitioner has sought for quashing of the proceeding arising out of Matigara P.S. Case No.46 of 2018 dated 24th January, 2018 under Section 12 of the Protection of Children from Sexual Offences Act, 2012 pending before the Special Judge under POCSO Act, 2012 Siliguri. The petitioner has also assailed the order dated 20th June, 2018 passed by the Special Judge taking cognizance upon accepting the charge sheet under Section 12 of the POCSO Act. Learned advocate appearing for the State/opposite party no.1 submits that the charge sheet has been filed under Section 12 of the POCSO Act, 2012 against the petitioner on the basis of the material collected during investigation.

I have perused the material on record wherefrom it appears that a prima facie case for the offence punishable under Section 12 of the POCSO Act has been made out against the petitioner herein. There is therefore, no merit in the revisional

application which is liable to be dismissed.

The application being CRR 13 of 2019 is accordingly dismissed.

Urgent Photostat certified copy of this order, if applied for, be given to the applicant upon compliance of requisite formalities.

(Asha Arora, J.)