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2022 Supreme(Mad) 3267

N. SATHISH KUMAR
Senthil Kumar – Appellant
Versus
State Rep. by The Inspector of Police, Kancheepuram – Respondent


Advocates appeared:
For the Petitioner:P. Govindarajan, Advocate. For the Respondents:R1, E. Raj Thilak, Additional Public Prosecutor, R2, .C. Vijayalakshmi, Advocate.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records pertaining to Spl.S.C.No.148 of 2019 pending on the file of the learned Special Court for Exclusive trial of Cases under POCSO Act Cases, Chengalpet and quash the criminal proceeding.)

1. This Criminal Original Petition has been filed to quash Spl.S.C.No.148 of 2019 pending on the file of the learned Special Court for Exclusive trial of Cases under POCSO Act Cases, Chengalpet, for the offence under Section 341, 363 and 506 (ii) of the Indian Penal Code, Sections 4, 3 (a), 5 (j)) (ii), 6 and 8 of POCSO Act, 2012 and altered into Sections 341, 363 and 506 (ii) of the Indian Penal Code and Sections 4, 3 (a), 5 (i), (ii), 6 and 8 of POCSO Act, 2012.

2. The case of the prosecution is that the petitioner and the daughter of the second respondent fell in love with each other. The petitioner is none other than the maternal uncle of the victim girl. The love affair between them was not accepted by the mother of the victim girl. Hence, a case has been registered in Crime No.3 of 2016, for the offence under Section 341, 363 and 506 (ii) of the Indian Penal Code, Sections 4, 3 (a), 5 (j)) (ii),

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