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Judgment
Heard Mrs. B. Goyal, learned counsel appearing for the petitioner and also Mr. H. Kharmih, learned AAG appearing for the State-respondent Nos. 1 – 2. As the petitioner has made a very limited prayer, notice upon the respondent No.3 is deemed not necessary.
By this criminal revision petition, the petitioner has challenged the order dated 08.09.2026 passed by the learned Special Judge (POCSO) East Khasi Hills, Shillong, in Special (POCSO) Case No.56 of 2026. The limited grievance raised in this petition is with regard to the recording of the submission made on behalf of the petitioner/defense counsel wherein it was stated that no argument would be made on behalf of the petitioner before consideration of charges and that charges may be framed against the petitioner.
The learned counsel for the petitioner submits that no such submission was made on behalf of the petitioner and it appears that the reflection of the same is an outcome of miscommunication. The learned counsel has made a prayer to allow the petitioner to file an application before the Trial Court for expunging the submission recorded in the order dated 08.09.2026.
Mr. H. Kharmih, learned AAG for the State-respondents has not raised any objection and submitted that the Court may pass order as deemed appropriate.
Perusal of the orders dated 08.09.2026 and 25.08.2026 of the learned Special Judge reveals that argument before consideration of charges was made by the learned counsel for the petitioner and the matter was pending for passing of order. However, due to transfer of the incumbent Special Judge, no order could be passed in the matter. Therefore, the submissions made on behalf of the petitioner before this Court does not appear to be entirely incorrect. However, it is not possible for this Court to determine what submission was actually made on behalf of the petitioner before the learned Special Judge.
In the above situation, it is deemed appropriate to dispose of this revision petition by giving liberty to the petitioner to prefer an application before the Special Judge (POCSO) East Khasi Hills, Shillong seeking expunging of the submission recorded in the impugned order dated 08.09.2026. In the event of filing of any such application by the petitioner, the learned Special Judge shall consider the same and pass necessary order.
With the above, this revision petition stands disposed of.