High Court · 2024

Crl.O.P.Nos.6962 & 8588 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.04.2024CORAMTHE HONOURABLE DR.JUSTICE G.JAYACHANDRANCrl.O.P.Nos.6962 & 8588 of 2024andCrl.M.P.Nos.5083 & 5085 of 2024Roja ... Petitioner in Crl.O.P.No.6962/2024Ramkumar ... Petitioner in Crl.O.P.No.8588/2024 Vs.1.The State rep.byThe Inspector of Police,All Women Police Station,Tambaram.... Respondent in both Crl.OPs2.Rajesh ... Respondent in Crl.O.P.No.6962/2024 Prayer in Crl.O.P.No.6962 of 2024: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records in Special S.C.No.189 of 2023 pending trial on the file of the Sessions Judge, POCSO Court, Chengalpattu and quash the same.Prayer in Crl.O.P.No.8588 of 2024: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the 1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 2024records in Special S.C.No.189 of 2023 pending trial on the file of the Special Court for Exclusive Trial of Cases under POCSO Act at Chengalpattu to expedite the trial in Spl.S.C.No.189 of 2023. For Petitioner : Mr.R.C.Paul Kanagaraj in Crl.O.P.No.6962/2024 For Petitioner } in Crl.O.P.No.8588/2024 }For R2 } in Crl.O.P.No.6962/2024 } : Mr.Avinash WadhwariFor R1 in both Crl.OPs : Mr.S.Udayakumar Government Advocate (Crl.Side)COMMON ORDERMatrimonial dispute between the husband and wife initially started with claim over the custody of the minor boy aged about 13 years at the time of occurrence has taken a different turn after complaint under POCSO Act, given by the minor boy against his mother and one Arun Pandian. 2.The respondent police has conducted investigation and has filed final report before the Sessions Judge, POCSO Court, Chengalpattu for the alleged offence under Sections 12, 11(1), 17, 366 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 2024IPC and 9(1), 10 of POCSO Act. While the wife has filed Criminal Original Petition [Crl.O.P.No.6962/2024] to quash the proceedings in Spl.S.C.No.189 of 2023 on the file of the Sessions Judge, POCSO Act, Chengalpattu, The husband has filed Crl.O.P.No.8588 of 2024 to expedite the trial in the said case within a time prescribed.3.The sum and substance of the argument made by the learned counsel appearing for the petitioner in Crl.O.P.No.6962 of 2024 filed to quash the case is that the complaint is a motivated false complaint tutoring his minor child against his mother and for the said purpose father of the minor boy had bribed the Child Welfare Committee member, so as to influence the Investigating Officer to proceed on the fabricated complaint. 4.To substantiate the said allegations, the learned counsel appearing for the petitioner in Crl.O.P.No.6962/2024 rely upon the report of the District Collector regarding the enquiry conducted by them about the misconduct of the Child Welfare Committee member by name Selvi Baskar. There is a clear finding in the report indicating that the money 3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 2024has been transferred to the account of Child Welfare Committee member from the account of Ramkumar, the father of the minor boy two days prior to the registration of FIR on 15.08.2022.5.The learned counsel appearing for the petitioner submits that the report and opinion of tainted Child Welfare Committee member had grossly influenced the Investigating Officer in conducting the investigation and therefore, the final report culminated in Spl.S.C.No.189 of 2023 has to be quashed. 6.The learned counsel for the petitioner/Ramkumar in Crl.O.P.No.8588 of 2024 submits that the complaint alleging sexual harassment against the mother and her paramour as alleged by the victim child himself, investigation proceeded, based on the statement given by the victim to the Judicial Magistrate which was recorded under Section 164 Cr.P.C. The role of Child Welfare Committee member has no bearing in the investigation which has culminated in filing a final report.4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 20247.The learned Government Advocate (Crl.Side) appearing for the State submits that the statement of witnesses including the victim been independently assessed by the Investigating Officer and has filed the final report. The role of Child Welfare Committee member by name Selvi Baskar is insignificant in this case. Therefore, there is no necessity to quash the proceedings pending trial.8.The relevant documents relied by the respective counsel perused before lodging the complaint through minor boy. Estranged husband of the petitioner, in Crl.O.P.No.6962 of 2024 has made certain attempts to take the custody of the boy through Child Welfare Committee and also it appears that a Writ Petition was also filed in this connection. The report of the District Collector, Chennai dated 08.01.2024 reveals that when Child Welfare Committee is not a competent authority to handle matrimonial dispute, to favour Ramkumar, money has been received by one of the member by name Selvi Baskar from Ramkumar on several occasions through gpay and the said sum runs to more than Rs.1,10,000/-. On the same issue, the District Collector, Kancheepuram has also conducted enquiry and his report dated 01.03.2024 has found 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 2024that Selvi Baska, member of Child Welfare Committee, who is a known person to Ramkumar, the father of the minor boy had received money from him during the enquiry of the dispute between husband and wife regarding the custody of the child and also certain telephonic conversation between them touching upon the criminal complaint pending. 9.In the above facts and circumstances, this Court is of the view that the final report filed is defective in the sense not been investigated the matter holistically and the Collector report regarding the tainted Child Welfare Committee member who had influenced in registering the complaint and misleading the investigation, not been properly taken note by the Investigating Officer while filing final report. Therefore, as far as the final report filed which has culminated in Spl.S.C.No.189 of 2023 has to be quashed. The Commissioner of Police, Tambaram is directed to appoint a competent Investigating Officer to conduct further investigation and file final report within a period of 4 months, taking note of the entire facts and material evidence available.6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 202410.In the light of the above directions, these Criminal Original Petitions are disposed of. Consequently, the connected Criminal Miscellaneous Petitions are closed.25.04.2024Index : Yes/NoNeutral Citation : Yes/NorplTo1.The Sessions Judge, POCSO Court, Chengalpattu.2.The Commissioner of Police,Tambaram Commissionerate,Chennai,3.The Inspector of Police,All Women Police Station,Tambaram.4.The Public Prosecutor,High Court of Madras,Chennai.7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 2024Dr.G.JAYACHANDRAN,J.rpl Crl.O.P.No.6962 & 8588 of 202425.04.20248/8

Crl.O.P.Nos.6962 & 8588 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.04.2024CORAMTHE HONOURABLE DR.JUSTICE G.JAYACHANDRANCrl.O.P.Nos.6962 & 8588 of 2024andCrl.M.P.Nos.5083 & 5085 of 2024Roja ... Petitioner in Crl.O.P.No.6962/2024Ramkumar ... Petitioner in Crl.O.P.No.8588/2024 Vs.1.The State rep.byThe Inspector of Police,All Women Police Station,Tambaram.... Respondent in both Crl.OPs2.Rajesh ... Respondent in Crl.O.P.No.6962/2024 Prayer in Crl.O.P.No.6962 of 2024: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records in Special S.C.No.189 of 2023 pending trial on the file of the Sessions Judge, POCSO Court, Chengalpattu and quash the same.Prayer in Crl.O.P.No.8588 of 2024: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the 1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 2024records in Special S.C.No.189 of 2023 pending trial on the file of the Special Court for Exclusive Trial of Cases under POCSO Act at Chengalpattu to expedite the trial in Spl.S.C.No.189 of 2023. For Petitioner : Mr.R.C.Paul Kanagaraj in Crl.O.P.No.6962/2024 For Petitioner } in Crl.O.P.No.8588/2024 }For R2 } in Crl.O.P.No.6962/2024 } : Mr.Avinash WadhwariFor R1 in both Crl.OPs : Mr.S.Udayakumar Government Advocate (Crl.Side)COMMON ORDERMatrimonial dispute between the husband and wife initially started with claim over the custody of the minor boy aged about 13 years at the time of occurrence has taken a different turn after complaint under POCSO Act, given by the minor boy against his mother and one Arun Pandian. 2.The respondent police has conducted investigation and has filed final report before the Sessions Judge, POCSO Court, Chengalpattu for the alleged offence under Sections 12, 11(1), 17, 366 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 2024IPC and 9(1), 10 of POCSO Act. While the wife has filed Criminal Original Petition [Crl.O.P.No.6962/2024] to quash the proceedings in Spl.S.C.No.189 of 2023 on the file of the Sessions Judge, POCSO Act, Chengalpattu, The husband has filed Crl.O.P.No.8588 of 2024 to expedite the trial in the said case within a time prescribed.3.The sum and substance of the argument made by the learned counsel appearing for the petitioner in Crl.O.P.No.6962 of 2024 filed to quash the case is that the complaint is a motivated false complaint tutoring his minor child against his mother and for the said purpose father of the minor boy had bribed the Child Welfare Committee member, so as to influence the Investigating Officer to proceed on the fabricated complaint. 4.To substantiate the said allegations, the learned counsel appearing for the petitioner in Crl.O.P.No.6962/2024 rely upon the report of the District Collector regarding the enquiry conducted by them about the misconduct of the Child Welfare Committee member by name Selvi Baskar. There is a clear finding in the report indicating that the money 3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 2024has been transferred to the account of Child Welfare Committee member from the account of Ramkumar, the father of the minor boy two days prior to the registration of FIR on 15.08.2022.5.The learned counsel appearing for the petitioner submits that the report and opinion of tainted Child Welfare Committee member had grossly influenced the Investigating Officer in conducting the investigation and therefore, the final report culminated in Spl.S.C.No.189 of 2023 has to be quashed. 6.The learned counsel for the petitioner/Ramkumar in Crl.O.P.No.8588 of 2024 submits that the complaint alleging sexual harassment against the mother and her paramour as alleged by the victim child himself, investigation proceeded, based on the statement given by the victim to the Judicial Magistrate which was recorded under Section 164 Cr.P.C. The role of Child Welfare Committee member has no bearing in the investigation which has culminated in filing a final report.4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 20247.The learned Government Advocate (Crl.Side) appearing for the State submits that the statement of witnesses including the victim been independently assessed by the Investigating Officer and has filed the final report. The role of Child Welfare Committee member by name Selvi Baskar is insignificant in this case. Therefore, there is no necessity to quash the proceedings pending trial.8.The relevant documents relied by the respective counsel perused before lodging the complaint through minor boy. Estranged husband of the petitioner, in Crl.O.P.No.6962 of 2024 has made certain attempts to take the custody of the boy through Child Welfare Committee and also it appears that a Writ Petition was also filed in this connection. The report of the District Collector, Chennai dated 08.01.2024 reveals that when Child Welfare Committee is not a competent authority to handle matrimonial dispute, to favour Ramkumar, money has been received by one of the member by name Selvi Baskar from Ramkumar on several occasions through gpay and the said sum runs to more than Rs.1,10,000/-. On the same issue, the District Collector, Kancheepuram has also conducted enquiry and his report dated 01.03.2024 has found 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 2024that Selvi Baska, member of Child Welfare Committee, who is a known person to Ramkumar, the father of the minor boy had received money from him during the enquiry of the dispute between husband and wife regarding the custody of the child and also certain telephonic conversation between them touching upon the criminal complaint pending. 9.In the above facts and circumstances, this Court is of the view that the final report filed is defective in the sense not been investigated the matter holistically and the Collector report regarding the tainted Child Welfare Committee member who had influenced in registering the complaint and misleading the investigation, not been properly taken note by the Investigating Officer while filing final report. Therefore, as far as the final report filed which has culminated in Spl.S.C.No.189 of 2023 has to be quashed. The Commissioner of Police, Tambaram is directed to appoint a competent Investigating Officer to conduct further investigation and file final report within a period of 4 months, taking note of the entire facts and material evidence available.6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 202410.In the light of the above directions, these Criminal Original Petitions are disposed of. Consequently, the connected Criminal Miscellaneous Petitions are closed.25.04.2024Index : Yes/NoNeutral Citation : Yes/NorplTo1.The Sessions Judge, POCSO Court, Chengalpattu.2.The Commissioner of Police,Tambaram Commissionerate,Chennai,3.The Inspector of Police,All Women Police Station,Tambaram.4.The Public Prosecutor,High Court of Madras,Chennai.7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.6962 & 8588 of 2024Dr.G.JAYACHANDRAN,J.rpl Crl.O.P.No.6962 & 8588 of 202425.04.20248/8