Lakshmanan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos.6900 and 6901 of 2020 Lakshmanan ... Petitioner Vs.

1.State Rep. by Sub Inspector of Police, Vepur Police Station, Cuddalore District.

Crime No.241 of 2014.

2.Poomalai ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in connection with Spl.S.C.No.99 of 2019 on the file of the Special Court for Exclusive Trial of cases under POCSO Act, Cuddalore District and quash the same. For Petitioner : Mr.S.Saravana Kumar For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.S.Ambigapathi 1/4

O R D E R

This petition has been filed to quash the charge sheet in Spl.S.C.No.99 of 2019 on the file of the Special Court for Exclusive Trial of cases under POCSO Act, Cuddalore, for the alleged offence under Sections 363, 365, 366(A) of IPC and Sections 6, 17 of POCSO Act, 2012 as against the petitioner.

2. The case of the prosecution is that the victim girl was found missing. Thereafter, it was found that A1 along with other accused had kidnapped the victim girl. Hence, the complaint.

3. The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that already the trial had commenced. So far, the prosecution examined 13 witnesses. That apart, the petitioner has specific overtact to attract the offences as per the charge sheet. Once the trial commenced, this Court cannot quash the proceedings in Spl.S.C.No.99 of 2019. However, the trial Court is directed to complete the trial proceedings within a period of three months from the date of receipt of a copy of this order.

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4. Accordingly, this criminal original petition stands dismissed. Consequently, connected miscellaneous petitions are closed. 29.06.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order cda/mn G.K.ILANTHIRAIYAN, J.

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mn To

1. The Special Court for Exclusive Trial of cases, under POCSO Act, Cuddalore District.

2. The Sub Inspector of Police, Vepur Police Station, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

and Crl.M.P.Nos.6900 and 6901 of 2020 29.06.2022 4/4