Madras High CourtCRL OP/8101/2024dismissed

K.Chandra v. The Inspector Of Police,

2024-04-05Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05.04.2024 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN & Crl.M.P.No.5899 of 2024

1. K.Chandra.

2. Yuvaraj.

3. Raji.

4. Rani.

5. Selvam.

6. Periyasamy.

7. Prabu.

8. Kavitha ... Petitioners/Accused Nos 2 to 9.

/versus/

1. State Rep. by.

Inspector of Police, Ramanatham Police Station, Cuddalore.

(Crime No.404 of 2022) ... 1st respondent

2. Chandra.

...2nd Respondent/defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Spl.S.C.No.135 of 2023 pending trial on the file of the Learned Sessions Judge (FAC) Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore.

For Petitioners : Mr.S.Nambirajan Page No.1/4

For R1 : Mr.K.M.D.Muhilan.

Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to quash the Spl.S.C.No.8101 of 2024, pending on the file of the Learned Sessions Judge (FAC), Special Court for Exclusive Trial of Cases under POCSO Act.

2. The Learned Counsel for the petitioners state that the victim girl was married to the 3rd accused against her wish, while she was a child. Therefore, she was not happy to live with her and hence, took the help of the petitioners herein. However, they have been prosecuted for offences under Section 366 (A) of I.P.C, 5(l) & 6 of POCSO Act, 2012, 6 & 9 of Prohibition of Child Marriage Act, 2006 and 344 of I.P.C.

3. This Court finds that the argument and the grounds raised to quash the petition are all factual in nature and those things has to be decided only after examination of witnesses and completion of trial. Page No.2/4

4. With the above observation, this Criminal Original Petition is disposed of with liberty to the petitioners herein to raise all the defence before the trial Court by adducing evidence or by examining the prosecution witnesses. Consequently, connected Miscellaneous Petition is closed. 05.04.2024 Index :Yes/No.

Internet :Yes/No.

Speaking Order/Non-Speaking Order bsm.

Copy to:-

1. The Sessions Judge (FAC), Special Court for Exclusive Trial of Cases, POCSO Act, Cuddalore.

2. The Inspector of Police, Ramanatham Police Station, Cuddalore.

3. The Public Prosecutor, High Court, Madras. Page No.3/4

Dr.G.JAYACHANDRAN,J.

bsm & Crl.M.P.No.5899 of 2024 05.04.2024 Page No.4/4