Shri. Balbinder Singh vs . State Of Meghalaya & Ors. on 7 March, 2025

Meghalaya High Court

Shri. Balbinder Singh vs . State Of Meghalaya & Ors. on 7 March, 2025

Author: W. Diengdoh

Bench: W. Diengdoh

  Serial No. 01
  Supplementary List



                        HIGH COURT OF MEGHALAYA
                            AT SHILLONG

BA. No. 14 of 2025

                                                   Date of Order: 07.03.2025
Shri. Balbinder Singh             Vs.         State of Meghalaya & Ors.
Coram:
             Hon'ble Mr. Justice W. Diengdoh, Judge

Appearance:
For the Petitioner/Appellant(s)   :     Ms. A. Chettri, Adv.
For the Respondent(s)             :     Mr. K. Khan, PP with

Mr. H. Kharmih, Addl. PP. for R 1 & 2.

Ms. A. Chettri, learned counsel for the petitioner has submitted
that this is an application filed under Section 483 of BNSS for grant of bail on
behalf of the accused husband of the petitioner, who has been implicated in
connection with Nongpoh Women P.S. Case No. 72 (10) 2024 under Section
7/8/9(m)/10/11(iii)/12 POCSO Act.

Since a bail application relating to offences under the POCSO Act
has been preferred, the learned counsel has submitted that the complainant,
who had filed the FIR, has been arrayed as party respondent herein.

The learned counsel also submits that since the State respondent
Nos. 1 & 2 has been duly represented by Mr. K. Khan, learned PP assisted by
Mr. H. Kharmih, learned Addl. PP, as such, no formal notice is required to be
issued upon the said respondents. However, she prays that notice may be

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allowed to be issued upon the respondent No. 3, who is the complainant
herein.

Mr. K. Khan, learned PP has submitted that though, there is no
objection to the arraying of the complainant in this case as party respondent,
however, the mode and manner of the issuance of notice for which there is no
specific format or rule at present, therefore, it is prayed that this Court may
take up this matter for further consideration to finally device the appropriate
method for issuance of notice upon the said respondent or survivor for that
matter, considering the circumstances surrounding a case under the POCSO
Act or cases involving crime against women.

Accordingly, on consideration of the submission made by the
learned PP, this issue will be taken up for hearing on the next date. Parties are
allowed to file any authorities as far as this issue is concerned.

List this matter after 2(two) weeks.

Judge

Meghalaya
07.03.2025
“D. Nary, PS”

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