Madras High CourtCRL OP(MD)/14593/2022dismissed

Anantharaj v. The Inspector Of Police

2022-08-16Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM 1.Anantharaj 2.Ponkaruppasamy ... Petitioners / Accused Nos.1 & 2 Vs.

1.The State Rep. by The Inspector of Police, All Women Police Station, Vilathikulam, Thoothukudi District. ... 1st Respondent/Complainant 2.xxxxx, Thoothukudi District.

... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in Spl.S.C.No.99 of 2020 in Crime No.4 of 2020 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi and quash the same.

For Petitioner : Mr.S.Muniyandi For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

This petition is filed to quash the proceedings in Spl.S.C.No.99 of 2020 in Crime No.4 of 2020 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi 2.The learned counsel appearing for the petitioner submitted that the case has been registered against the petitioners in Crime No.4 of 2020 for the offences punishable under Sections 5(l), 5(j) (ii) r/w Section 6 of Protection of Child from Sexual Offences Act and charge has also been filed and the same has been taken on file in Spl.S.C.No.99 of 2020 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi. Challenging the same, the petitioners filed this petition to quash the proceedings.

3.The learned Additional Public Prosecutor appearing for the respondent police submitted that the case was posted on 18.08.2022 for examination of LW1 to LW4.

2/4

4.Under these circumstances, before commencement of trial and let in evidence by prosecution for just adjudication of the case, it is not proper to quash the proceedings.

5.Therefore, this Criminal Original Petition stands dismissed. 16.08.2022 Internet:Yes./No Index:Yes/no vsd To 1.The Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi.

2.The Inspector of Police, All Women Police Station, Vilathikulam, Thoothukudi District.

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

3/4

V.SIVAGNANAM, J.

vsd ORDER IN 16.08.2022 4/4