S.Elaiyakannu v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2025 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.18776 of 2025 and Crl.M.P.No.12575 of 2025 S.Elaiyakannu ... Petitioner Vs.
1. State by The Inspector of Police Yercaud Police Station Salem District (Crime No.34 of 2025)
2. XXXXXX D/o.XXXXXX, Rep. by her father XXXXXX (Natural Guardian) XXXXXX Kallakurichi District ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to call for the entire records pertaining to the case in Crime No.34 of 2025 on the file 1/4
of Inspector of Police, Yercaud Police Station, Salem District and quash the same.
For Petitioner : No Appearance For First Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner/accused to quash the FIR in Crime No.34 of 2025 on the file of the first respondent police, registered for the offences under Section 341 IPC and Sections 7 and 8 of POCSO Act.
2. There is no representation for the petitioner.
3. Heard the learned Government Advocate (Crl. Side) and perused the materials available on record. Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.
4. It is seen that the victim is a child under the definition of POCSO Act. A perusal of the FIR and the statement recorded from the witnesses clearly 2/4
shows prima facie materials against the petitioner and this Court does not find any reason to quash the FIR. The grounds stated in the petition are nothing but defence which can be agitated only during trial.
5. Therefore, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. 08.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To
1. The Inspector of Police Yercaud Police Station Salem District 2.The Public Prosecutor High Court of Madras, Chennai.
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P.VELMURUGAN,J.
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