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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P .VELMURUGAN, J.
News Tamil 24x7 represented by its Editor : Anand Prabhakar - Appellant
Versus
Shruthi Thilak - Respondent
Crl.R.C.No.2330 of 2024 and Crl.M.P.No.18005 of 2024
Decided on : 03-03-2025
(A) POCSO Act, 2012 - Sections 19, 23, 33; Juvenile Justice Act, 2015 - Section 74 - Criminal Revision Petition against the order directing police to register an F.I.R. - Special Court directed the police to investigate based on a complaint alleging violation of the victim's identity rights - The court emphasized that the Special Court has jurisdiction to take cognizance of complaints under POCSO Act, and the police are required to register cases for cognizable offences without prior court permission. (Paras 4, 12, 14)
(B) Jurisdiction and Powers of the Special Court - The Special Court can direct police investigations in cases under POCSO Act, and its order, while potentially erroneous, does not constitute illegality nor prejudice the petitioner. (Paras 10, 14)
Facts of the case:
The petitioner challenged an order from the Special Court directing police to register an F.I.R. based on a complaint alleging that the petitioner published videos revealing the victim's identity, violating POCSO Act provisions.
Findings of Court:
The court found that the Special Court acted within its jurisdiction and the registration of the F.I.R. was appropriate under the circumstances.
Issues: Whether the Special Court acted beyond its powers by directing police to register an F.I.R. and whether the complaint was adequately substantiated.
Ratio Decidendi: The court ruled that the Special Court has the authority to direct police investigations and that the procedures followed, while flawed, did not amount to illegality.
Result: Criminal Revision Petition dismissed.
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 complainant, the Special Court passed the order dated 22.05.2024 and directed the sixth respondent-Police to register an F.I.R. Based on the said direction of the Special Court, the sixth respondent-Police had also registered an F.I.R in Crime No.23 of 2024 on 09.07.2024 against the petitioner herein for the offence under Section 23(4) of the POCSO Act.
3. The sum and substance of the complaint made by the first respondent/ de-facto complainant against the petitioner is that on 03.09.2023 and 08.09.2023, the petitioner company had published videos through their YouTube Channel namely “News Tamil 24x7” had revealed the name of the family members of the victim and exposed the identity of the victim. The video contravened the law laid down by the Hon'ble Apex Court in Nipun Saxena and another Vs Union of India reported in 2019 (2) SCC 703 (See Para 50.1). The first respondent/ de- facto complainant invoked jurisdiction of the Court of Special Judge for Exclusive Trial of Offences under POCSO Act Cases, under Sections 31 and 33(9) of POCSO Act for penal action under Sections 23(2) and 23(3) of the POCSO Act. Aggrieved by the order of the Special Court in Crl.M.P.No.667 of 2024, the petitioner herein has filed this Criminal Revision Petition.
4. The petitioner has challenged the order dated 22.05.2024 passed in Crl.M.P.No.667 of 2024 on the file of the Special Court for Exclusive Trial of Offences under POCSO Act Cases. Based on the abovesaid impugned order, the sixth respondent-Police registered a case against the petitioner in Crime No.23 of 2024 on 09.07.2024 for the offence under Section 23(4) of POCSO Act, 2012. It is seen from the records, the first respondent/ de-facto complainant preferred a complaint in SR.No.864 of 2024, against the petitioner 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. The Special Court passed an order dated 22.05.2024, observing that though the complainant has not followed the provisions under Sections 154(1) and 154 (3) of Cr.P.C, directed the sixth respondent-Police to register a case and investigate the matter. Based on the said order, the sixth respondent-Police has also registered an F.I.R as referred above. Challenging the order dated 22.05.2024 passed by the Special Court, directing the sixth respondent- Police to register an F.I.R and also to grant stay of all further proceedings in Crime No.23 of 2024 dated 09.07.2024 on the file of the sixth respondent pending disposal of this petition, the petitioner has filed this criminal revision petition.
5. The learned counsel for the petitioner submitted that the impugned order passed by the Special Court is erroneous. The Special
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.
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