Page No.# 1/4 GAHC010036662025 2025:GAU-AS:2709 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./220/2025 MONJOR ALOM S/O- MONTAZ ALI, R/O- VILL- HABIDONGRA, PS BAGHBOR, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:NUR ISLAM ALI S/O LATE MIYA CHAND ALI RESIDENT OF VILLAGE KATIA PATHAR PS AND DIST BARPETA ASSAM TEMPORARY ADDRESS NORTH JALUKBARI KATIYA BRIDGE IDDGARH PATH PS JALUKBARI DIST KAMRUP MASSA Advocate for the Petitioner : MR N AHMED, M RAHMAN,MR. M M ZAMAN,MR. N J DUTTA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 12.03.2025 1. Heard Mr. N.J. Dutta, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 528 of the BNSS, read with Section 483 of BNSS, 2023 and Article 227 of the Constitution of India has been filed by the petitioner, praying for quashing of the charge sheet filed against the petitioner before the Court of the learned Special Judge, POCSO, Kamrup(M), Guwahati, in Sessions Special Case No. 294/2024. 3. The learned counsel for the petitioner has submitted that on the basis of an FIR, which was lodged on 09.08.2021 against the petitioner. The charge sheet was laid before the Court of the learned Special Judge, POCSO, Kamrup(M), Guwahati under Section 376(2)(i) of Indian Penal Code read, 1860, read with Section 4 of the POCSO Act, 2012 read with Section 9/10/11 of the Prohibition of Child Marriage Act, 2006. 4. The said case was registered as Sessions Special Case No. 294/2024 and is presently pending before the Court of the learned Special Judge, POCSO, Kamrup(M), Guwahati. 5. The learned counsel for the petitioner has submitted that the petitioner has received summons from the Trial Court, however, he submits that even if admitting for the argument sake, the allegations levelled against the petitioner in the charge sheet, on the day of offence, the petitioner was a minor as his date of birth is 01.01.2004 and the alleged offence was committed on Page No.# 3/4 25.02.2021. 6. The learned counsel for the petitioner submits that the petitioner was of 17 years 01 month 24 days of the age at the time of commission of alleged offence and therefore, the Court of the learned Special Judge, POCSO, Kamrup(M), Guwahati does not have jurisdiction to try the case and the case has to be tried by the Juvenile Justice Board having jurisdiction over the matter. 7. The learned counsel for the petitioner has also submitted that though the petitioner has received summons from the Trial Court, however, he apprehends that on his appearance, he may be detained behind the bars and therefore, he has also prayed for granting him bail in Sessions Special Case No. 294/2024. 8. I have also heard the learned Additional Public Prosecutor. 9. The learned Additional Public Prosecutor has submitted that even though the petitioner was shown as an absconder in the charge sheet, the Trial Court has issued summons to him. Therefore, he submits that this criminal petition is not maintainable and the petitioner may approach before the Trial Court and may file appropriate application for bail. 10. I have considered the submissions made by the learned counsel for both the sides. It appears that the instant application has also been filed under Section 483 of BNSS, 2023 which apparently, is premature, as the petitioner is not in custody. 11. He has only received summons from the Trial Court. Moreover, the plea of juvenility has to be taken by the petitioner before the Trial Court at the earliest on his appearance before the said Court. As the Trial Court has issued only summons to the petitioner, this Court is of the considered opinion that it is not a fit case to exercise the inherent powers of this Court and to grant relief, Page No.# 4/4 which is prayed for by the petitioner in this case. 12. This Court is of the considered opinion that the petition filed by the petitioner lacks merit. 13. Hence, same is disposed of with a direction to the petitioner to approach before the Trial Court, in pursuant to the summons received by him, in Sessions Special Case No. 294/2024. 14. On his appearance before the Trial Court, the petitioner may file appropriate application seeking appropriate relief before the said Court, if so advised. He may also take the plea of juvenility before het Trial Court on his appearance before the said Court. 15. With the above observations, this criminal petition is disposed of. JUDGE Comparing Assistant