Dr.George Abraham v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.06.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.Nos.15060 and 15061 of 2023 --- Dr.George Abraham, S/o Abraham .. Petitioner Vs.

1. State: Represented by Inspector of Police, W-20, All Women Police Station, Crime No.1 of 2023 Saidapet, Chennai.

2. ..... (minor) ... Pondicherry.

.. Respondents Criminal Original Petition filed under Section 482 of the Cr.P.C. praying to call for the records and quash the proceedings in Spl.S.C.No.101 of 2023 pending on the file of the Special Court for Exclusive Trial of cases under POCSO Act, Chennai in Crime No.1 of 2023 on the file of the first respondent. For petitioner : Mr.R.John Sathyan, Senior Counsel for Mr.P.Divakar For respondents: Dr.C.E.Pratap, Govt. Advocate (Criminal Side) for R-1 Mr.S.T.Raja, for R-2 1 / 4

ORDER

This petition is filed to call for the records and quash the proceedings in Spl.S.C.No.101 of 2023 pending on the file of the Special Court for Exclusive Trial of cases under POCSO Act, Chennai in Crime No.1 of 2023 on the file of the first respondent.

2. Learned Senior Counsel appearing for the petitioner submitted that there is no case made out to proceed against the petitioner and there are no materials as against the petitioner and a false case has been foisted against the petitioner.

3. Learned Government Advocate (Criminal Side) appearing for the first respondent submitted that the statement of the witnesses have been recorded by the Judicial Magistrate under Section 164 Cr.P.C. and the victim has also been examined.

4. On a reading of the statement of the witnesses recorded before the Magistrate, it is seen that specific overt act had been attributed against the petitioner. Prima facie, there are allegations to proceed against the petitioner further. There are no ground made out to quash the proceedings as against the petitioner, which are nothing but defences, which can be agitated only during the course of trial.

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5. Hence, this Court is not inclined to quash the case against the petitioner. Accordingly, this petition is dismissed. The miscellaneous petitions are closed.

16.06.2025 cs To

1. Inspector of Police, W-20, All Women Police Station, Crime No.1 of 2023 Saidapet, Chennai.

2. The Public Prosecutor, High Court, Madras.

3. The Special Judge for exclusive trial of cases under POCSO Act, Chennai 3 / 4

P.VELMURUGAN, J cs 16.06.2025 4 / 4