P. Manikandan vs Central Bureau Of Investigation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1216

C. T. RAVIKUMAR, SANJAY KAROL
P. Manikandan – Appellant
Versus
Central Bureau Of Investigation – Respondent

Advocates appeared:
For the Petitioner(s): Mr. K. K. Mani, AOR Ms. T.archana, Adv. Mr. Rajeev Gupta, Adv.
For the Respondent(s): Mr. Vikramjit Banerji, A.S.G. Mrs. Archna Pathak Dave, A.S.G. Mr. Rupesh Kumar, Sr. Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Saransh Kumar, Adv. Mrs. Meera Patel, Adv. Mr. Ishaan Sharma, Adv.

JUDGMENT :

SANJAY KAROL J.

Leave Granted.

2. The present appeal arises from the judgment and order dated 4th July, 2023 passed by the High Court of Judicature at Madras in CRL.O. P. No.5826 of 2023 and CRL.M.P.Nos.3640 and 3642 of 2023, whereby the High Court dismissed the petition for quashing filed by the appellant under Section 482 of the Criminal Procedure Code, 1973¹[hereinafter referred to as “Cr.P.C.”] against the chargesheet/final report and proceedings pending before the Special Court for the trial of cases under the Protection of Children from Sexual Offences Act, 2012²[hereinafter referred to as the “POCSO Act”,], Tiruvannamalai, Tamil Nadu in Special S.C.No.42 of 2021.

3. The crux of the present appeal is that on 19th June, 2013, a case was registered bearing Crime No.139 of 2013 under Section 364A and 302 of the Indian Penal Code, 1860³[hereinafter referred to as ‘IPC’] against the accused namely, P. Manikandan⁴[hereinafter referred to as the “Appellant”], wherein it was alleged that the appellant kidnapped the 4-year-old child from Gandhi International Matriculation School, Mangalam by using his motorcycle and after murdering her, threw away the dead body in Well.

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