Kerala High Court
Remy Samban vs State Of Kerala on 5 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
CRL.MC NO. 4743 OF 2024
CRIME NO.1260/2023 OF AMBALAMEDU POLICE STATION, ERNAKULAM
IN SC NO.100 OF 2024 OF FAST TRACK SPECIAL COURT, PERUMBAVOOR
PETITIONER/ACCUSED NO.2:
REMY SAMBAN
AGED 50 YEARS
W/O. BINU T.N., B-15, KENDRIYA VIHAR, CENTRAL GOVERNMENT
EMPLOYEES QUARTERS, KARIMUGAL P.O., PUTHENCRUZ VILLAGE,
VELOOR KARA, KUNNATHUNADU TALUK, PIN - 682303
BY ADV THANUJA ROSHAN
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER,
AMBALAMEDU POLICE STATION,
THROUGH THE SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 XXXXXXX
AGED XXXXXX YEARS
XXXXXXX
M P - PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 4743 of 2024
2
ORDER
Dated this the 5th day of June, 2024
This Criminal Miscellaneous Case has been filed
under Section 482 of the Code of Criminal Procedure,
1973, to quash all further proceedings pursuant to
Annexure-A1 FIR Final Report to the extent that it includes
charges against the petitioner/2nd accused in Crime
No.1260/2023 of Ambalamedu Police Station, Ernakulam,
now pending as S.C. No.100/2024 on the files of the Fast
Track Special Court for trial of Protection of Children from
Sexual Offences Act Cases, Perumbavoor and to acquit the
petitioner of the charges alleged.
2. In this matter, the prosecution alleges offences
punishable under Sections 19(1) and 21 of the Protection
of Children from Sexual Offences Act, 2012 (hereinafter
referred as 'POCSO Act' for short.
3. Heard the learned counsel for the petitioner as
well as the learned Public Prosecutor. Perused the entire
records including the statements of the victim and the
parents.
4. Even though, the learned counsel for the
petitioner vehemently argued to substantiate that the
petitioner, who is the Hindi Project teacher of the School,
where the occurrence was reported is innocent and the
allegations are false, on perusal of the statements, the
prosecution allegation as to commission of the above said
offences as against the petitioner is made out, prima facie.
Therefore, this is not a fit case for quashment.
5. When this Court is not inclined to allow the
prayer for quashment, the learned counsel for the
petitioner sought permission to withdraw this petition and
submitted that the personal appearance of the petitioner
before the trial court may be dispensed with.
Since nothing substantiated to quash the case
against the petitioner, this petition stands dismissed as
withdrawn. However, it is ordered that, since the allegation
against the petitioner is only offences under Sections 19(1)
and 21 of the POCSO Act, her presence for the purpose of
trial can be limited and the same can be insisted on the
date of framing charge, on the date of examining the
crucial witnesses including CW1, during 313 examination
and pronouncement of the judgment. Except for these
purposes, the trial court is directed to exempt the petitioner
from personal appearance in filing application. It is
specifically ordered that the trial court is at liberty to direct
the presence of the petitioner for facilitating trial, on any
day, to effectuate trial and the petitioner must attend the
trial on those specific days.
Sd/-
A. BADHARUDEEN
JUDGE
SK
PETITIONER ANNEXURES :
Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 18.12.2023 IN CRIME NO.1260/2023
OF AMBALAMEDU POLICE STATION
Annexure A2 THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT DATED 25.10.2023 IN
CRIME NO.1260/2023 OF THE AMBALAMEDU
POLICE STATION
Annexure A3 A CERTIFIED COPY OF THE FIRST
INFORMATION STATEMENT STATED 25.10.2023
GIVEN BY THE 2ND RESPONDENT/DE-FACTO
COMPLAINANT IN CRIME NO.1260/2023 OF
AMBALAMEDU POLICE STATION
Annexure A4 TRUE COPY OF THE CERTIFICATE DATED
09.11.2023 ISSUED IN FAVOUR OF THE
PETITIONER'2ND RESPONDENT BY THE GENERAL
COORDINATOR, ROSHNI PROJECT, DISTRICT
ADMINISTRATION, ERNAKULAM
Annexure A5 TRUE COPY OF THE REQUEST DATED
19.10.2023 SUBMITTED BY THE PETITIONER
TO THE HM/TEACHER-IN-CHARGE OF THE GVHSS
Annexure A6 TRUE COPY OF THE REQUEST DATED
19.10.2023 SUBMITTED BY LAISAMOL L.
CLASS TEACHER OF STANDARD III AT THE
GVHSS, AMBALAMEDU ADDRESSED TO THE HM,
GVHSS, AMBALAMEDU
RESPONDENTS' ANNEXURES : NIL
