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CRL.P No. 1173 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JUNE, 2022

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 1173 OF 2022

BETWEEN:

1.

J.M.RICHARD @ JOY MACDONALD RICHARD

AGED ABOUT 68 YEARS

S/O LATE R.P.JOSEPH

R/AT NO.139, CHBS LAYOUT

19^TH CROSS, 8^TH MAIN

VIJAYANAGAR

BENGALURU – 560 040.

2.

REV.SANJAY SAMUEL

@ SANJAY SAMUEL AYER

AGED ABOUT 63 YEARS

S/O JOHN S. AYER

R/O ST. ANDREWS CHURCH

NO.27, CUBBON ROAD

BENGALURU – 560 001.

3.

EBENEZER SOUNDAR

AGED ABOUT 59 YEARS

S/O LATE D. DAVID

R/AT QUARTERS, BISHOP COTTON BOYS SCHOOL

ST. MARKS ROAD

BENGALURU – 560 001.

…PETITIONERS

(BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE)

Digitally signed by

PADMAVATHI B K

Location: HIGH

COURT OF

KARNATAKA

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CRL.P No. 1173 of 2022

AND:

1.

STATE OF KARNATAKA

BY CUBBON PARK POLICE

REP. BY ITS INSPECTOR

NOW REP. BY THE STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

BENGALURU – 560 001.

2.

MARY SUSHEELA

AGED ABOUT 63 YEARS

NO.108, 2^ND ‘D’ CROSS

OMBR LAYOUT

BENGALURU – 560 043.

…RESPONDENTS

(BY SRI K.S.ABHIJITH, HCGP FOR R1)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C., PRAYING TO QUASH THE IMPUGNED ORDER

DATED 01.01.2022, AT ANNEXURE-A PASSED BY THE 50^TH

ADDL.CITY CIVIL AND SESSIONS JUDGE, (SPL.COURT FOR

POCSO) AT BENGALURU IN SPL.C.C.NO.188/2017, WHEREBY

THE HONBLE COURT WAS PLEASED TO DISMISS THE

APPLICATION FILED BY THE PETITIONER, UNDER SEC.207

CR.PC AND DIRECT THE FIRST RESPONDENT TO SERVE A COPY

OF THE PEN DRIVE AND 2 DVDs SEIZED BY THEM DURING

INVESTIGATION.

THIS PETITION, COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:

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CRL.P No. 1173 of 2022

ORDER

The petitioners in the subject petition call in question

order dated 01-01-2022, passed by the L Additional City Civil

and Sessions Judge, Bengaluru in Special C.C.No.188 of 2017,

rejecting the application filed by the petitioners under Section

207 of the Cr.P.C., in which the petitioners had sought copies of

Pendrive and 2 Digital Videos seized by the Police during

investigation.

2. Heard Sri Vijayakumar Prakash, learned counsel for the

petitioners

and

Sri

K.S.Abhijith,

learned

High

Court

Government Pleader for respondent No.1.

3. Sans details, the facts, in brief, are as follows:-

It is the case of the prosecution that on 08-01-2015 at

the Bishop Cotton Girls School, a ceremony of the new Principal

taking charge was organized. At around 9.00 a.m., when the

members of the Administration or the Governing Body arrived

at the School premises, the gate of the School was locked and

the students belonging to 8^th, 9^th and 11^th standard were

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CRL.P No. 1173 of 2022

standing at the gate shouting slogans against the appointment

of the new Principal. It is alleged that the petitioners requested

the students to return to their classes but they refused to heed

to their request and then, the petitioners allegedly abused

them in filthy language and touched them inappropriately. This

becomes a complaint against the petitioners on 10-01-2015

and a crime in Crime No.20 of 2015 came to be registered for

the offences punishable under Sections 354, 355, 504, 506 r/w.

34 of the IPC and Sections 8, 9(f) and 10 of the Protection of

Children from Sexual Offences Act, 2012 (for short ‘the POCSO

Act’).

4. In the said proceedings i.e., Special C.C.No.188 of

2017, the petitioners file an application under Section 207 of

the Cr.P.C. seeking a copy of Pendrive and 2 DVDs’ that were

seized at the time of investigation. This is turned down by the

learned Sessions Judge by his order d