Madras High CourtCRL OP/8354/2024allowed

Narayanamoorthy v. State Rep By

2024-04-24Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.MP.No.6109 of 2024 Narayanamoorthy ... Petitioner Vs.

1. State Rep.by Inspector of Police, All Women Police Station-Tirupur South, Tirupur City.

(Cr.No.04 of 2024)

2. Saraswathi ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in Cr.No.04 of 2024 on the file of the first respondent police and quash the same as against the petitioner/accused No.2.

For Petitioner : Mr.N.R.Elango Senior Counsel For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side) for R1 1/4

O R D E R

This Criminal Original petition is filed to quash the proceedings in Cr.No.04 of 2024 on the file of the first respondent police.

2. The petitioner herein is the Correspondent of the School, in which, the victim child had pursued 11th standard. The alleged offence committed by a Teacher of the School. The petitioner herein being a Correspondent of the School has called the parents of the victim and informed the matter. However, he has been included as one of the accused for alleging that he has committed the offence under Section 19 of POCSO Act.

3. The plain reading of the First Information Report does not indicate that the petitioner has wantonly failed to intimate the authorities mentioning in the provision. In fact, soon after the knowledge, he called the parents and informed and same has been reflected in the FIR.

4. In the light of the above facts, this Court finds that no criminality is made out against the petitioner and infact he should have 2/4

been arrayed as witness in the trial. Hence, the complaint against the petitioner is quashed. The investigation against the other accused persons shall proceed.

5. Accordingly, this Criminal Original petition is allowed. Consequently, the connected miscellaneous petition is closed. Vv 23.04.2024 To

1. The Inspector of Police, All Women Police Station-Tirupur South, Tirupur City.

2. The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

Vv and Crl.MP.No.6109 of 2024 24.04.2024 4/4