A writ of certiorari cannot quash judicial orders of a criminal court under Article 226 of the Constitution; defenses regarding the veracity of allegations must be raised during trial.

JUDGMENT :

1. Heard the parties.

2. This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuing appropriate writ/order/direction to quash the entire criminal proceeding including the order dated 08.09.2023, passed by the learned Special Judge, (POCSO Act), Bokaro in connection with C.P. Case No. 1030 of 2023 whereby and where under the learned Special Judge has found sufficient materials involving the offences punishable under Section 8 of the POCSO Act and under Section 341 /323/379/354/504/506/509 of the INDIAN PENAL CODE and ordered for issuance of summons.

3. It is submitted by the learned counsel for the petitioners that the allegation against the petitioners is that the victim was a minor girl on the date of occurrence. On 02.02.2022 between 6:30 P.M. to 07:00 P.M., the petitioner no.1 caught hold of the victim and attempted to kiss her. The victim somehow managed to escape from the clutches of the petitioner no.1 and intimated the matter to her maternal aunt and the maternal aunt of the victim came out from her house and raised hue and cry. The petitioners being armed with hockey stick and iron rod assaulted the grandfather of the victim causing injuries to him. The petitioner nos. 4 to 7 assaulted the family members of the victim and snatched away the gold chain of the victim. Many people assembled there and thereafter the petitioners went away from the place of occurrence after threatening. It was also alleged that the petitioner no.1 was keeping an evil eye upon the victim and the grandfather of the victim once gave an oral report to the police and the petitioner no.1 went to the police station and told that he will not repeat the same again. On the basis of the written application filed by the grandfather of the victim, Marafari P.S. Case No. 15 of 2022 was registered and police took up investigation of the case. Police submitted the Final Form and did not send up the petitioners for trial because of lack of evidence against them. As the informant-grandfather of the victim died on 08.11.2022, the victim filed protest petition and on the basis of the protest petition, statement under solemn affirmation of the complainant and the statement of the inquiry witnesses, the learned Special Judge found prima facie case for the said offence against the petitioners as already indicated above.

4. It is submitted by the learned counsel for the petitioners that there was dispute between the families and for taking revenge, this false case has been foisted with an intention to harass the family members of the petitioners and to pressurize them to withdraw the case filed by them against the alleged victim and her family members. Hence, it is submitted that the prayer as prayed for in this writ petition be allowed.

5. Learned counsel for the State on the other hand vehemently opposes the prayer as made by the writ petitioners in this writ petition and submits that this writ petition is not maintainable as by invoking Article 226 of the Constitution of India, a writ of certiorari cannot be issued to quash a judicial order passed by the learned Special Judge in C.P. Case No. 1030 of 2023 dated 08.09.2023. It is next submitted by the learned counsel for the State that the only ground upon which the petitioners have sought quashing of the said cognizance order is that the allegation against the petitioners are false and this case has been foisted to harass the petitioners but same at best can be a defence of the petitioners in a full dressed trial but the defence of the petitioners cannot be considered at this stage in a writ petition to quash the entire criminal proceeding