ORDER :

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (`BNSS’ for short) seeking quashment of Annexure-1 final report and proceedings pursuant thereto in S.C.No.305/2022 on the files of Fast Track Special Court, Alathur.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant documents, including Annexure-1 final report.

3. The prosecution case is that the accused herein was found in possession of child sexual exploitative and abuse material in his mobile phones used with BSNL and Airtel SIMs downloaded at 7.30 am on 04.10.2020 by the first witness. Accordingly, the same were recovered and crime was registered alleging commission of offences punishable under Section 67B of the Information Technology Act, 2000 and Section 15(1) r/w 2(1)(da) of Protection of Children from Sexual Offences Act (`POCSO Act’ for short). While seeking quashment of the proceedings on the submission that none of the offences is made out prima facie, the learned counsel for the petitioner would submit that as per the ratio of the decision of this Court reported in [2024 LiveLaw Ker 376 :