Silambarasan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.7445 of 2024 and Crl.M.P.Nos.5402 & 5404 of 2024 Silambarasan, S/o.Mariyappan ... Petitioner Vs.

1. The Inspector of Police, All Women Police Station, Sankari, Salem District.

2. Karthiga, W/o.Silambarasan ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relates to the charge sheet and quash the entire proceedings in Spl.S.C.No.145 of 2023 pending on the file of the Special Court for Exclusive trial of cases under POCSO Act, Salem. For Petitioner : Mr.A.V.Raja For Respondents : Mr.A.Gopinath Government Advocate [Crl.side] [R1] *****

O R D E R

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This petition has been filed seeking to quash the proceedings in Spl.S.C.No.145 of 2023 pending on the file of the Special Court for Exclusive trial of cases under POCSO Act, Salem.

2. The grounds raised by learned counsel for petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. The facts of this case and grounds raised in the quash petition do not fall within the parameters laid down by the Apex Court in State of Haryana and others v. Bhajanlal and others [(1992) Suppl (1) SCC 335]. It is left open to the petitioner to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

3. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in Spl.S.C.No.145 of 2023 within a period of six (6) months from the date 2/4

of receipt of a copy of this order.

The trial shall be conducted on a day to day basis in accordance with the guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner adopts any dilatory tactics, it is open to the trial Court to insist upon the presence of the petitioner and remand him to custody as per the judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently, connected miscellaneous petitions are closed. 27.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To

1. The Inspector of Police, All Women Police Station, Sankari, Salem District.

2. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

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