Madras High CourtCRL OP(MD)/13245/2024disposed of

Sha (Shahinsha) @ Sahirsha v. The Inspector Of Police

2024-08-13Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.8139 of 2024 Sha (Shahinsha) @ Sahirsha : Petitioner Vs.

State rep.by the Inspector of Police, All Women Police Station, Thilagar Thidal Police Station, Madurai District.

Crime No.8 of 2024.

2.Nazirkhan : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records in connection with FIR in Crime No.8 of 2024 on the file of the respondent Police and quash the same in respect of the petitioner as devoid of merits and illegal.

For Petitioner : Mr.G.Kalyana Sundaram 1/4

For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) for R1.

ORDER

This Criminal Original Petition filed, under Section 528 of BNSS., seeking orders, to call for the records in connection with FIR in Crime No.8 of 2024 on the file of the respondent Police and quash the same in respect of the petitioner as devoid of merits and illegal.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint given by the second respondent, FIR came to be registered in Crime No.8 of 2024 for the offence under Sections 11(i)(iv) r/w 12 of POCSO Act 2012 and during investigation, they came to know that the petitioner was not at all involved in the offence, but on the other hand, the second respondent was the culprit and hence, the first respondent closed the same case in respect of the petitioner as 'mistake of fact'.

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3. Recording the said submission made by the learned Government Advocate (Criminal Side), this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 13.08.2024 NCC : Yes/No Index : Yes / No Internet :Yes / No das To 1.The Inspector of Police, All Women Police Station, Thilagar Thidal Police Station, Madurai District.

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

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K.MURALI SHANKAR,J.

das Order made in and Crl.M.P.(MD)No.8139 of 2024 Dated: 13.08.2024 4/4