JUDGMENT

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records of the charge sheet / final report filed by the first respondent in Special S.C.No.42 of 2021 on the file of the learned Special Court for the trial of cases under POCSO Act, Tiruvannamalai and quash the same and subsequently quash the entire proceedings in Special S.C.No.42 of 2021 on the file of the learned Special Court for the trial of cases under POCSO Act, Tiruvannamalai.)

This Criminal Original Petition is filed under Section 482 of Cr.PC., by the accused, by name, Manikandan.

2. According to the petitioner, the High Court in the Referred Trial No.2 of 2018 acquitted him vide judgment dated 24.07.2018 from all the charges levelled against him and he was directed to be set at liberty forthwith. While so, the de nova investigation by the CBI conducted pursuant to the direction of the Division Bench in the referred trial order, is non-est in law, attracts the principles of double jeopardy, violates the rights enshrined under Article 20(ii) of the Constitution and Section 300 of Cr.P.C.

3. The petitioner was initially tried before the Special Court under POCSO Act in S.C. No.1