Allegations of trafficking must meet statutory definitions; insufficient evidence or lack of necessary sanction renders related charges unsustainable.

ORDER :

D. BHARATHA CHAKRAVARTHY, J.

This Criminal Revision is filed to call for the records pertaining to the order passed in Crl.M.P.No.93 of 2024 in S.C.No.48 of 2020 on the file of the learned Sessions-cum-Mahila Judge, Tiruchirappalli, dated 19.06.2024 and set aside the same as illegal.

2. The petitioners' case is that the first petitioner is a Company, M/s.Good Shepherd Evangelical Mission Pvt. Ltd. and the second petitioner is the Director of the said Company and also a pastor. The petitioner runs a destitute home for children functioning as Mose Ministries in Trichy Town, Tamil Nadu. Permission was granted by the District Collector to run the home. The home is running as a charity giving food, shelter and education to the destitute and abandoned children. While so, in the year 2015, the District Social Welfare Officer refused to give registration of the institution as per the Juvenile Justice (Care and Protection) Act, 2015 and the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014. The home, therefore, was constrained to file W.P.(MD). No.16723 of 2015.

3. When the matter was pending, one organisation namely, Change India, filed a Public Interest Litigation in W.P.(MD).Nos.16273 and 20895 of 2015 alleging trafficking and illegal confinement of 89 children in the petitioner's home praying for investigation by the Central Bureau of Investigation. By a common order, dated 30.11.2016, this Court ordered an investigation by the Central Bureau of Investigation and there was also a direction to the Director of Social Welfare to pass orders based on the relevant documents concerning the application of the petitioners therein. Thereafter, upon the investigation, the Central Bureau of Investigation filed a Final Report against the petitioners alleging the offences under Sections 363 , 368, 201, 370-A, 295-A and 153-A of the INDIAN PENAL CODE and Section 24 re/w Sections 13 , 16(3) of the Orphanages and other Charitable Home (Supervision and Control) Act, 1960 and Section 20 of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014.

4. Initially, the case was taken on file by the learned Chief Judicial Magistrate, Tiruchirapalli in C.C.No.2534 of 2019. The petitioners filed Crl. O.P.(MD). No.1403 of 2020 to quash the proceedings in C.C.No.2534 of 2019. By the order, dated 08.06.2023, the quash petition was allowed in part insofar as the offences under Sections 366 , 368, 295-A of the INDIAN PENAL CODE , Section 20 r/w Sections 6 and 12 of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014. However, the proceedings in C.C.No.2534 of 2019 were not quashed insofar as the offences under Sections 20 1 , 370, 370A of the INDIAN PENAL CODE and Section 24 r/w Section 13 , 16(3) of the Orphanages and Other Charitable Home (Supervision and Control) Act, 1960 and the offences under Sections 32 , 33 and 34 of the Juvenile Justice (Care and Protection) Act, 2015. Aggrieved thereby, the petitioners filed S.L.P.No.9542 of 2023 and the said Spe