Madras High CourtCRL OP(MD)/2703/2018dismissed as infructuous

Mujubur Rahuman v. The Inspector Of Police

2018-02-26Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2703 of 2018 and CRL.MP(MD)No.1252 of 2018 Mujubur Rahuman : Petitioner/Accused No.1 -Vs1.The Inspector of Police, All Women Police Station, Srirangam, Trichy City.

(Crime No.13 of 2017) :1st Respondent/Complainant 2.Jeyaraman :2nd Respondents/Defacto Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the F.I.R., in Crime No.13 of 2017 on the file of the first respondent and quash the same as against the petitioner.

For Petitioner : Mr.B.Arun For 1st Respondent :Mr.Prabhu Ramachandran Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed by the accused No.1 to quash the F.I.R., in Crime No.13 of 2017, on the file of the first respondent.

2.The learned counsel appearing for the petitioner has submitted that at the time of alleged occurrence, the petitioner was aged about 17 years and he was a juvenile. He further submitted that the second respondent gave a false complaint implicating the petitioner also. Based on the said complaint, the first respondent has registered a case in Crime no.13 of 2017 for the offences punishable under Sections 354(b), 354(c),292(A)(e) of I.P.C and under Sections 12, 14 (i) Section 15 of Protection of Child from Sexual Offence Act, 2012 and Section 67(b) of Information Technology Act, 2000. He further submitted that since there is no material available to proceed against the petitioner, he asked to quash the proceedings.

3.The learned Government Advocate (Crl.side) has submitted that already charge sheet has been filed against the petitioner herein, before the Juvenile Justice Board, Trichy West on 23.02.2018, but https://hcservices.ecourts.gov.in/hcservices/

sofar, the case was not taken on file.

4.Recording the aforesaid submissions, this Criminal Original Petition is dismissed as infructuous. The Juvenile Justice Board, Trichy West, is directed to verify if already charge sheet has been filed then it has to take the case on file and proceed further without any delay. Consequently, connected MP(MD)No.1252 of 2018, is closed.

Sd/ Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, All Women Police Station, Srirangam, Trichy City.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3.The Juvenile Justice Board, Trichy West.

+2cc to Mr.B.Arun, Advocate, SR.No.51834,52041 CRL.O.P.(MD)No.2703 of 2018 26.02.2018 DAS KK/JC/21.03.2018/SAR-1/2P-6C https://hcservices.ecourts.gov.in/hcservices/