Madras High Court
Ravikumar vs The Inspector Of Police on 11 August, 2022
Crl.O.P.(MD) No.13411 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:11.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.O.P.(MD) No.13411 of 2022
and Crl.M.P(MD) No.8545 of 2022
Ravikumar ... Petitioner
Vs.
1. The Inspector of Police
Kallal Police Station
Sivagangai District
2. Sivakumar
Probation Officer
Social Welfare Department
Sivagangai ....Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records in Spl.S.C.No. 48 of 2019 pending on the
file of the Special Court for Exclusive Trial of Cases under the POCSO
Act 2012, Sivagangai and quash the same as illegal in respect of this
petitioner
For Petitioner : [email protected] Sekar
For Respondents : Mr.E.Antony Sahaya Prabahar
No.1 Additional Public Prosecutor
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13411 of 2022
ORDER
This Criminal Original Petition has been filed to quash the
proceedings in Spl.S.C.No. 48 of 2019 pending on the file of the Special
Court for Exclusive Trial of Cases under the POCSO Act 2012,
Sivagangai
2. The learned counsel for the petitioner would submit that the
petitioner along with other accused were charged for the offences under
Sections 21(1) r/w.17 of the POCSO Act, 2012 by the respondent police.
The case against this petitioner was split up in the year 2013. With regard
to the remaining accused, the trial was conducted before the Special
Court for Exclusive trial of cases under the POCSO Act, Sivagangai and
all the accused were acquitted by an judgment dated 20.04.2022. Further
the victim has not supported the case of the prosecution. Under these
circumstances keeping the case pending as against this petitioner would
be of no use, hence he pleaded to quash the same.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13411 of 2022
3. The learned Additional Public Prosecutor would submit that
originally the petitioner along with other accused were charged for
offences under Sections 21(1)r/w.Section 17 of POCSO Act, 2012 by the
respondent police. As against this petitioner, the case was split up in
Spl.S.C. No.48 of 2019 and with regard to other accused persons, the
trial was conducted and ended in acquittal by an judgement dated
20.04.2022.
4. I have considered the submission of the learned counsel
appearing for the petitioner and the learned Additional Public Prosecutor
appearing for the respondents police.
5. Perusal of the record reveals the fact that the petitioner is the 9th
accused in Special S.C. No.65 of 2018 pending on the file of the Special
Court for Exclusive trial of cases under the POCSO Act, Sivagangai.
The case against the petitioner was split up in Special S.C. No.48 of 2019
and with regard to the other accused trial was conducted. Since the
prosecution witnesses not supported the prosecution case, the case ended
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13411 of 2022
in acquittal on 20.04.2022. Now the split up case in Spl.S.C.No.48 of
2019 is alone pending as against the petitioner. Since the prosecution
witnesses not supported the prosecution case, keeping the case pending
as against this petitioner will not serve any purpose, hence it is liable to
be quashed.
6.Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in Spl.S.C.No. 48 of 2019 pending on the
file of the Special Court for Exclusive Trial of Cases under the POCSO
Act 2012, Sivagangai, is quashed insofar as the petitioner alone.
Consequently connected miscellaneous petition is also closed.
11.08.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
aav
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13411 of 2022
To
1. The Special Court for Exclusive Trial of Cases
under the POCSO Act 2012, Sivagangai
2. The Inspector of Police
Kallal Police Station
Sivagangai District
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13411 of 2022
V.SIVAGNANAM, J.
aav
Crl.O.P.(MD) No.13411 of 2022
11.08.2022
https://www.mhc.tn.gov.in/judis
