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Madras High CourtCRL MP(MD)/4775/2022ordered

Magesh v. The Inspector Of Police

2022-04-13Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Jurisdiction Wednesday, the Thirteenth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN IN CRL OP(MD). No.3733 of 2022

1. Magesh

2. Karuppasamy

3. Thirumalaikumar

4. Karuppammal ... Petitioners/Petitioners/Accused 1 to 4 Vs

1. The Inspector of Police, All Women Police Station, Sangarankovil Police Station, Tirunelveli District. ... Respondent/1st Respondent/Complainant

2. Vijaya ... 2nd Respondent/De-facto Complainant

3. Xxx ... 3rd Respondent/Victim Prayer in CRL MP(MD). No.4775 of 2022 :- Criminal Miscellaneous Petition filed under section 482 of Cr.P.C., to extend the time period up to the month of September made in Order in Crl.OP(MD)No.3733 of 2022 dt.24/2/2022 on the file of this Honble Court.

Prayer in CRL OP(MD). No.3733 of 2022 Criminal Original Petition is filed under section 482 Cr.P.C., to call for the records and quash the proceedings Spl. C.C.95 of 2021 under sections 10, 11 of Prohibition of Child Marriage Act 2006 and Sections 6 r/w 17 of Prohibition of Child Sexual Offences Act, 2012 before the Court of Sessions Judge, Special Court for POCSO Act.

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ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. S. Pandiyaraj, Advocate for the Petitioner and of Ms. M. Aasha, Government Advocate for the 1st respondent, this Court made the following order:

The petition has been filed by the petitioners, seeking extension of time in the order made in Crl.O.P(MD)No.3733 of 2022, dated 24.02.2022.

2.The learned counsel for the petitioners has submitted that the first petitioner will complete his age of 21 years only on 01.09.2022. Therefore, the first petitioner could not able to register his marriage with the victim girl and could not comply with the condition imposed by this Court. However, the first petitioner and the victim are lived happily.

3.Heard the learned Counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the first respondent.

4.Considering the submission made on either side, time granted by this Court vide order dated 24.02.2022, made in Crl.O.P(MD) No.3733 of 2022, is extended till 15.09.2022. It is made clear that if the first petitioner fails to register his marriage with the victim girl on or before 15.09.2022 before the first respondent, the order now passed will stand dismissed automatically without any further reference to this Court.

5.Accordingly, this petition is ordered.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) TO

1. The Sessions Judge, Special Court for POCSO Act, Tirunelveli.

2. The Inspector of Police, All Women Police Station, Sangarankovil Police Station, Tirunelveli District.

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

Copy to The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 13/04/2022 ========================== EXTENSION OF TIME ========================== IN CRL OP(MD). No.3733 of 2022 Giving direction and etc.

as stated within.

RK(22/04/2022) 3P 5C 3/3