R.Praveen Kumar, v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN and Crl.M.P.Nos.15122 and 15124 of 2024 R.Praveen Kumar ... Petitioner Vs.
1. State Rep. by The Inspector of Police All Women Police Station Pollachi, Coimbatore District (Cr. No.08/22)
2. Saraswathi The Rural Welfare Officer Panchayath Union Office Pollachi North, Pollachi
3. XXXX W/o.XXXX ... Respondents 1/5
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C./528 of B.N.S.S. to quash the Spl.S.C.No.123/2022 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act at Coimbatore District. For Petitioner : Mr.C.D.Johnson For 1 st Respondent : Mr.S.Sugendran Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed by the petitioner/accused to quash the Spl.S.C.No.123/2022 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act at Coimbatore District.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police and also perused the materials available on record.
3. Since no adverse order is being passed, notice to the respondents 2 and 3 is dispensed with.
4. It is seen that based on the complaint given by the 2 nd respondent who 2/5
is the Rural Welfare Officer, the 1 st respondent has filed the FIR in Crime No.08 of 2022 for the offences under Sections 366 of IPC and Sections 5(l), 5(j)(ii) and 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006 and after completion of investigation, charge sheet has been filed and the same has been taken on file in Spl.S.C.No.120 of 2022 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.
5. The petitioner has been charged for the offences under Sections 366 of IPC and Sections 5(l), 5(j)(ii) and 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006. At the time of commission of offence, the victim girl was aged 14 years.
6. Therefore, considering the grave nature of the offence and the age of the victim, this Court is not inclined to invoke Section 482 Cr.P.C./528 of B.N.S.S. to quash the case against the petitioner in Spl.S.C.No.123/2022. 3/5
7. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. 04.12.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 To
1. The Inspector of Police All Women Police Station Pollachi, Coimbatore District
2. The Public Prosecutor High Court of Madras 4/5
P.VELMURUGAN. J.
Ksa-2 04.12.2024 5/5