ORDER

Dated : 12 th January, 2022

1. Petitioner is the sole accused in S.C.497/2019 and S.C.498/2019 on the file of Additional Sessions Court (for trial of cases relating to Attrocities & Sexual Violence against Women & Children), Ernakulam arising out of Crime No.434/2019 of Ernakulam T own North Police Station. Crl.M.C has been filed seeking to quash B Charge in the above crime which is pending as S.C.498/2019 or in the alternative to direct the court below to stay the trial on the basis of Annexure-A3 B charge as per Section 224 of the Code of Criminal Procedure, 1973 (in short the Code).

2. Crime No.434/2019 was registered on the basis of First Information Statement furnished by the victim to the police for the offence punishable under Sections 7 and 8 of Protection of Children from Sexual Offences Act, 2012 ( in short PoCSO Act).

3. The alleged prosecution case is that petitioner/accused (hereinafter referred as petitioner) is a Karate instructor. After conducting the karate classes for the children on 2.3.2019 at about 8.00 pm, with the intention and preparation to sexually assault the victim girl,aged 13 years he pressed at her breast and sexually abused her. It is also alle