This Criminal Original Petition is to quash the charge-sheet in Special C.C.No.39 of 2017, on the file of learned Fast Track Mahila Court, Theni.
2.Heard the learned counsel for the Petitioner and the learned Government Advocate(Crl.side) appearing for the respondent No.1 and perused the materials placed before this Court.
3.The brief facts that are necessary for the purpose of disposing of this Criminal Original Petition are as follows:
Based on the complaint received from the second respondent/De-facto complainant, a case was registered against the Petitioner in Crime No.311 of 2017, for the offence under Sections 44
8 of IPC and
Section 7 and
8 of Protection of Child from Sexual Offence Act, 2012. Since the final report was also filed and the case was taken on file in Special C.C.No.39 of 2017, on the file of the learned Fast Track Mahila Court, Theni for the offence under Section 44
8 of IPC and Section 1
8 r/w
Section 4 of Protection of Child from Sexual Offence Act, 2012.
4.The learned counsel for the Petitioner referred to the complaint given by the second respondent and pointed out that the allegations against the Petitioner are not probable, as the Petitioner was already engaged and his marriage was within a short span of time. The learned counsel then referred to the fact that the Investigation Officer has filed charge-sheet even before enquiring the neighbors, whose presence was also noted or referred to in the First Information Report. The petitioner further relied upon the observation of this Court in Crl.O.P.No.6790 of 2017 filed by the Petitioner earlier while granting bail. The Petitioner relied upon Paragraph 4 of the order, wherein, it was observed that the CD file did not have anything, except the complaint and the statement of the victim girl. It was further observed that despite arresting the petitioner on 25.05.2015 as per the statement of the victim girl,that one of the neighbours rushed to the spot on hearing her noise, Police has not enquired the neighbours and even the statement of the said two individuals who are shown as witness to crime is not obtained The contention of the learned counsel for the Petitioner cannot be accepted, as the submissions of the learned counsel may not help him to quash the criminal case which is pending, after filing of the charge- sheet. This Court cannot entertain the quash petition on probability of the case registered against the accused. The learned counsel also refers to the observation made by this Court earlier while granting bail to the Petitioner, also cannot be taken as a finding binding on the victim. The charge-sheet filed in the criminal case clearly shows the involvement of the Petitioner for serious offence. The fact that the allegation made against the Petitioner that he has made an attempt of sexual assault on a minor girl at the verge of his marriage cannot be accepted. May be the Petitioner has valid defense while facing trial in the criminal case registered against him. The contentions put together may not help the Petitioner to get rid of all charges levelled against him, particularly, the involvement of the petitioner can be decided only after a full-fledged trial on the basis of the documents, materials and evidence that may be adduced. Absolutely, there is no scope for treating the complaint on file or the enquiry or the charge- sheet as an abuse of process of law, so as to entertain this Criminal Original petition. This Court finds no merit in the Criminal Original petition.
5.Accordingly,the Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are dismissed.
The learned counsel for the Petitioner submitted before this Court that the Petitioner's appearance before the Court below may be dispensed with. Considering the facts and circumstances of the case and considering the request made by the learned counsel for the Petitioner, the personal appearance of the Petitioner is dispensed with until and unless his appearance is specifically required by the Court below.
To
1.The Judge, Fast Track Mahila Court, Theni.
2.The Sub-Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.