Madras High CourtCRL OP(MD)/15064/2013allowed

A.Prince Robertson v. The Inspector Of Police

2018-04-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL OP(MD).No. 15064 of 2013 and Crl.M.P.(MD) No. 2 of 2013 A. Princi Robertson (wrongly mentioned in the FIR as A.Prince Robinson)

...Petitioner/Accused-2

Vs.

1. The Inspector of Police, Karungal Police Station, Kanyakumari District (in Crime No.452 of 2013)

...Respondent/Complainant

2. The District Welfare Officer, District Welfare Office, Nagercoil, Kanyakumari District.

...Respondent/Defacto

Complainant PRAYER: This Petition is filed under Section 482 of the Criminal Procedure Code to call for the records pertaining to the FIR in Crime No.452 of 2013 dated 20.08.2013 on the file of the Inspector of Police, Karungal Police Station, Kanyakumari District and quash the same.

For Petitioner : M/s.F.Deepak For Respondent-1 : Mr.A.Robinson, Government Advocate (Crl. Side) ***

ORDER

The petitioner is running a Childrens Home. It appears that there is no registration or prior approval for the same. Therefore, the 1st respondent registered a case in Crime No.452 of 2013 dated 20.08.2013 under Section 23 of Juvenile Justice (Care and Protection of Children Act) 2000.

2. The said provision relates to infliction of cruelty on Juveniles. The said provision is clearly not attracted in this case. As per the statutory scheme of the Act, running any unregistered home is not a Penal Offence.

https://hcservices.ecourts.gov.in/hcservices/

3. Hence, the First Information Report in Crime No. 452 of

2013 dated 20.08.2013 of Karungal Police Station, Kanyakumari District, filed by the 1st respondent is quashed. This Criminal Original Petition is allowed.

Consequently, connected Miscellaneous Petitions is closed.

Sd/ Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To

1. The Inspector of Police, Karungal Police Station, Kanyakumari District.

2. The District Welfare Officer, District Welfare Office, Nagercoil, Kanyakumari District.

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

+1cc to Mr.F.DEEPAK, Advocate, SR.No. 60892 CRL OP(MD).No. 15064 of 2013 12.04.2018 KSA KK/RSK/07.05.2018/SAR-4/2P-5C https://hcservices.ecourts.gov.in/hcservices/