Meghalaya High Court
Shri. Arnab Sen vs . State Of Meghalaya & Anr. on 1 July, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 01
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.Petn. No. 17 of 2025
Date of Order: 01.07.2025
Shri. Arnab Sen Vs. State of Meghalaya & Anr.
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. J.M. Thangkhiew, Adv.
Mr. A. Khyriem, Adv.
Ms. K. Nongkhlaw, Adv.
For the Respondent(s) : Mr. N.D. Chullai, AAG with
Ms. Z.E. Nongkynrih, GA.
Mr. K.P. Bhattacharjee, GA.
This is a case where the petitioner has approached this Court with
the prayer, inter alia, that one of the bail conditions set out in order dated
25.02.2025 and 03.03.2025 passed by the learned Special Judge (POCSO),
Ri-Bhoi District, Nongpoh in Anticipatory Bail Application No. 1/2025 in
connection with Women P.S. Case No. 09 (02) 2025 under Section 7/8
POCSO Act, 2012, is to be set aside and quashed. Such condition causing
prejudice to the interest of the petitioner herein where a case involving the
petitioner and the informant in the said Women P.S. Case No. 09 (02) 2025
are involved mostly concern custody of the child, the matter being sub-judice
before the Hon’ble Calcutta High Court.
However, in course of these proceedings, Mr. N.D. Chullai,
1
learned AAG assisted by Ms. Z.E. Nongkynrih and Mr. K.P. Bhattacharjee,
learned GA for the State respondent has submitted that the Investigating
Officer, who had conducted the investigation in the said Women P.S. Case
No. 09 (02) 2025, has filed the F.R No. 24/2025 dated 11.04.2025 before the
learned Special Judge (POCSO), Ri-Bhoi District, Nongpoh. The learned
AAG also submits that the case could not be closed, since on notice being
issued upon the informant as regard the said F.R, no response was forthcoming
till date. In such a situation, the learned AAG has made a prayer before this
Court for this matter to be adjourned for the day, to allow the State respondent
to apprise this Court of the status of the case between the parties.
It is the further prayer of the learned AAG that this Court may
direct the learned Special Judge (POCSO), Ri-Bhoi District, Nongpoh dealing
with the case to proceed with the matter in accordance with law. Accordingly,
on prayer so made by the learned AAG, the learned Special Judge (POCSO),
Ri-Bhoi District, Nongpoh is directed to ensure that due procedure of law is
followed as far as the proceedings before such court is concerned involving
the parties herein.
Mr. J.M. Thangkhiew, learned counsel for the petitioner is also in
agreement with the prayer made by the learned AAG.
On consideration of the submission made, this matter is adjourned.
List the same on 15.07.2025.
Judge
Meghalaya
01.07.2025
“D. Nary, PS”
2