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2022 Supreme(Mad) 2635

N. SATHISH KUMAR
Suraj – Appellant
Versus
Inspector of Police, Coimbatore – Respondent


Advocates appeared:
For the Petitioner:M/s. A. Syed Kaleesha, Advocate. For the Respondents:Leonard Arul Joseph Selvam, Government Advocate(Crl.side), R2, Mohamed Saifulla, R3, K. Sakthivel, Advocates.

JUDGMENT

(Prayer : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in Special C.C.No.83 of 2021 pending on the file of the Special Court for exclusive trial of cases under POCSO Act, Coimbatore and quash the same.)

This Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No. 83 of 2021 on the file of the learned Special Court for exclusive trial of cases under POCSO Act, Coimbatore for the offences under sections 366, 376(3) of IPC, Section 5[I], 5[j], [ii],[q] and 6 of POCSO Act 2012 and Section 9 of Prohibition of Child Marriages Act, 2006

2. The allegation in the final report indicates that the petitioner and the 3rd respondent/victim girl herein had love affair and got married on 11.06.2019. At the time of their marriage, the 3rd respondent had not attained her majority. Further, on 10.06.2020, the 3rd respondent was admitted in CMC hospital and she begot a child. Hence, the 2nd respondent/mother of the victim girl had lodged a complaint against the petitioner and a case has been registered in Crime No.1237 of 2020 and charge sheet has been filed and the same was taken on file in Special.S.C.N

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