O R D E R

Order dated 10.09.2024 in Crl.M.P.No.1099/2024 in S.C.No.480/2024 on the files of the Special Court for trial of cases relating to Atrocities and Sexual Violence against Women and Children ( Protection of Children from Sexual Offences Act `POCSO Act’ for short), is under challenge in this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (` BNSS ’ for short).

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the impugned order.

3. In this matter prosecution alleges commission of offences punishable under Section 323 of the Indian Penal Code (` IPC ’ for short) as well as Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015 (`JJ Act’ for short). Prosecution case is that the Crl.M.C.No.9125/2024 3 accused, who was the manager of ‘Kaliveedu Day Care’ physically assaulted the victim child, aged 1 ½ years, of the defacto complainant from 05.12.2016 to 23.05.2017 and thereby caused mental and physical suffering to the child. Initially, the case was numbered as C.C.No.1317/2017 and charge was framed and trial proceeded. Thereafter it was brought to the notice of the lea