IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 2^ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945 WP(CRL.) NO. 275 OF 2023 (S.C.No.463/2021 OF ADDITIONAL SESSIONS COURT-I(POCSO SPECIAL COURT), PATHANAMTHITTA PETITIONER:

MUHAMMED SHIRAZ @ SHIRAZ AGED 38 YEARS S/O MUHAMMED HANEEFA, SHEMI MANZIL, GANDHIMUKKU, VAKKOM P.O, VAKKAM VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT – 695308.

BY ADVS.SRI.MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA)

SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.

2 THE STATION HOUSE OFFICER POLICE STATION OF ARANMULA, PATHANAMTHITTA DISTRICT, PIN – 689533.

3 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX R1 & R2 BY P.P.SMT.BINDU O V THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

“C.R.”

JUDGMENT

The petitioner in this Writ Petition (Crl.), filed under Article

226 of the Constitution of India, essentially seeks to quash Ext.P1 FIR No.775/2021 of Aranmula Police Station, ExtP2 final report and all further proceedings in S.C.No.463 of 2021 on the file of the Additional Sessions Court-I (POCSO Special Court), Pathanamthitta. The petitioner is accused No.3 in the Sessions Case. He, along with the other accused, faces charges under Sections 376, 376(2)(n), 450, 376(3), 366A r/w Section 34 of the Indian Penal Code, Section 4(2) r/w Section 3(a), Section 5(l) r/w Section 6, Section 8 r/w Section 7, Section 9(l) r/w Section 10, Section 11(iv) r/w Section 12, Section 16 r/w Section 17 of the POCSO Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act.

FACTS:-

2. The victim, a 14-year-old girl, was found missing on

28.7.2021. She was residing with her mother and stepfather. The stepfather, on 29.7.2021, reported the missing of child before the Police. In the information before the Police, the stepfather of the victim reported that when he came back from his place of work and enquired about the victim, his wife told him that she fell in love with a young man and she had gone with him on a scooter to introduce herself to his parents. Based on this information, the Police registered FIR No.772/2021 under Section 57 of the Kerala Police Act (for short, “the K.P.Act”). The Police conducted an inquiry as provided in Section 57 of the K.P.Act. The Police later found the child at her residence. The child was taken to the Women’s Cell at Pathanamthitta and brought to the Counselling Centre. The Counsellor attached to the Centre recorded her statement revealing that she was taken to a residence where the petitioner herein sexually assaulted her.

2.1. Based on the statement of the victim, the Police registered FIR No.775/2021 on 29.7.2021 itself, alleging offences under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections 7, 8, 9(l) & 10 of the POCSO Act. The Police also submitted a closure report in Crime No.772/2021, registered under Section 57 of the K.P.Act, before the jurisdictional Magistrate which accepted the same.

2.2. After completing the investigation in FIR No.775/2021, the Police submitted final report alleging offences punishable under Sections 376, 376(2)(n), 450, 376, 376(3), 366-A r/w Section 34 of the Indian Penal Code, Section 4(2) r/w Section 3(a), Section 5(l) r/w Section 6, Section 8 r/w Section 7, Section 9(l) r/w Section 10, Section 11(iv) & (vi) r/w Section 12, Section 16 r/w Section 17 of the POCSO Act,2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act.

3. Heard Sri.Manu Ramachandran, the learned counsel for the petitioner and the learned Public Prosecutor.

4. The learned counsel for the petitioner submitted that registration of FIR No.775/2021 after the closure of FIR No.772/2021 violates the principles declared by the Apex Court in T.T.Antony v. State of Kerala [(2001) 6 SCC 181] and Krishna Lal Chawla