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2025 Supreme(Online)(Mad) 67225

IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
Sahirsha @ MS Sha – Appellant
Versus
State of Tamil Nadu, Rep. by The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.R.Anand
For the Respondents:Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.SC.No.126 of 2025 pending on the file of the Special Court for Exclusive Trial of Cases under the POCSO Act, Madurai.

2.The petitioner is arrayed as the first accused in the above case for the offences under Section s 11 (1), 11(4), 12, 16 and 17 of the Protection of Children from Sexual Offences Act, 2012 and Section 201 of the Indian Penal Code . The wife of the defacto complainant has been arrayed as the second accused.

3.The prosecution case, in brief, is that the defacto complainant, who is the father of the victim, was employed in Kerala and used to stay at his residence in Madurai for about twenty days every month. It is alleged that his wife, who had fallen into financial difficulty, sought the assistance of the petitioner, during which the petitioner started sending obscene WhatsApp messages to her and to her daughter, aged 16 years. Upon perusal of the mobile phone of the victim, the defacto complainant allegedly discovered these messages and lodged a complaint on 20.03.2024, which was registered in Crime No. 8 of 2024 under the POCSO Act.

4.It is submitted by the learned counsel fo

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