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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice P. Velmurugan, J
News Tamil 24x7 Represented By Its Editor : Anand Prabhakar – Appellant
Versus
Shruthi Thilak – Respondent
ORDER :
This Criminal Revision Petition has been filed to call for the records and to set aside the order dated 22.05.2024 passed in Crl.M.P.No.667 of 2024 on the file of the Court of Special Judge for Exclusive Trial of Offences under POCSO Act Cases, which later culminated into F.I.R in Crime No.23 of 2024 on the file of the sixth respondent-Police.
2. The case of the first respondent/de-facto complainant is that the first respondent/de-facto complainant is facing prosecution in Special S.C.No.69 of 2024 on the file of the Court of Special Judge for Exclusive Trial of Offences under POCSO Act Cases, Chennai, for the offences under Sections 294(B), 352 and 506(ii) IPC and Section 10 read with 17 of the POCSO Act and Section 75 of the Juvenile Justice Act, 2015. Further, it is the case of the first respondent/ de-facto complainant that she preferred a complaint in Crl.M.P.No.667 of 2024 before the Court of Special Judge for Exclusive Trial of Offences under POCSO Act Cases, for the offences under Sections 23 and 33 of POCSO Act, 2012 read with Section 74 of the Juvenile Justice Act, 2015, against the petitioner. Based on the said complaint of the first respondent/de- facto complainan
The Special Court has the authority to direct police to register an F.I.R. under the POCSO Act, and such directions, despite procedural flaws, do not constitute illegality.
POCSO Cases – There is no bar for Special Judge to forward complaint to Police official to register case and to investigate the matter – Offences under POCSO Act are cognizable offence and police sho....
(1) Provision of Section 23 of POCSO which protects child victims of sexual abuse from unwarranted intrusion into privacy, harassment and mental agony has to be strictly enforced – Provision cannot b....
The court upheld the applicability of POCSO Act offences while quashing charges under the JJ Act, affirming that the police could investigate without a Magistrate's order.
The court clarified that taking cognizance of an offence requires applying judicial mind to the complaint, and mere examination of the complainant does not suffice.
(1) Revision under Section 397 read with Section 401 of Cr.P.C. is maintainable against order passed rejecting application filed under Section 167(2) of Cr.P.C.(2) Intelligence Officer can file compl....
Victims have the right to be informed and heard regarding the outcomes of investigations into allegations against them, ensuring compliance with natural justice principles.
Point of law : Article 141 mandates every Court subordinate to the Supreme Court to accept the law laid down by it. There is nothing like any prospective operation alone of the law laid down by the S....
The mandatory nature of the provision for registration of a first information report under Section 154(1) of the Code of Criminal Procedure and the discretion of the Magistrate in ordering the regist....
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