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2023 Supreme(Mad) 3102

SUNDER MOHAN
K. G. Subramanian – Appellant
Versus
Deputy Superintendent of Police, Chennimalai Police Station, Erode – Respondent


Advocates appeared:For the Petitioner:N. Manokaran, Advocate. For the Respondents:R1, S. Balaji, Government Advocate, R2, No Appearance.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to criminal case in Spl. S.C.No.16 of 2020 pending on the file of the learned Sessions Judge, Fast Track Mahila Court, Erode, quash the same by allowing this Criminal Original Petition.)

1. The petition is filed to quash the final report filed for the alleged offences under Section 352 IPC, Section 3 (1) (w) (i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Sections 9 (n) and 10 of the Protection of Children from Sexual Offences Act , 2012.

2. It is alleged in the final report that the petitioner had misbehaved with the defacto complainant, who was working in the petitioner's house by touching the hands and breasts of the defacto complainant and thus he had committed the aforesaid offences.

3. Though the 2nd respondent has been served, none has appeared for the 2nd respondent. Therefore, this Court directed the learned Additional Public Prosecutor to instruct the 1st respondent to inform the defacto complainant about the pending proceedings. On instructions, the learned Additional Public Prosecutor submit

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