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Madras High CourtCRL OP/27743/2022dismissed

Asarudeen v. The State Rep By Its,

2022-11-14Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.No.27743 of 2022 and Crl.M.P.No.17093 of 2022 Asarudeen ... Petitioner Vs.

1.State representated by Inspector of Police, Podhanur Police Station, Coimbatore Crime No.1170 of 2020.

2.Shajeena ... Respondents PRAYER : This Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records pertaining to the final report filed in Spl.C.C.No.13 of 2021 pending on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, quash the same.

For Petitioner : Mr. C.D.Sugumar For Respondent 1 : Mr.S.Santhosh Government Advocate (Crl.side) 1/5

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the final report in Spl.C.C.No.13 of 2021 pending on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore and quash the same.

2. The learned counsel for the petitioner would submit that the petitioner is arrayed as an accused in Spl.C.C.No.13 of 2021 for the offence under Sections 5(l), 5(j)(ii), 6 and 9 of POCSO Act r/w Section 450 of IPC on the file of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore. He would further submit that the petitioner and the victim girl are now compromised and they are living happily with their child. He would further submit that the victim girl do not want to continue the criminal proceedings as against him. Hence, he seeks to quash the proceedings as against the petitioner.

3. The learned Government Advocate ( Crl.Side) for the first respondent would submit that in this case, the prosecution evidence has been recorded and the 2/5

case has been posted for arguments on 24.11.2022.

4. Recording the submissions of the learned Government Advocate (Crl.side), this Court finds no merits in this petition. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

14.11.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order nr To

1. The Inspector of Police, Podhanur Police Station, Coimbatore 2.The Public Prosecutor High Court, Madras.

3/5

V.SIVAGNANAM,J.

nr Crl.O.P.No.27743 of 2022 and Crl.M.P.No.17093 of 2022 4/5

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