Petitioner, a temporary staff of an observation home, was charged under Section 75 of the Juvenile Justice Act for allegedly aiding a juvenile's escape attempt captured on CCTV. The court found no material evidence against him and quashed the proceedings.
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Crl.O.P.No.2686 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.2686 of 2022
Balasubramanian @ Bala ... Petitioner
Vs.
State Rep. by The Inspector of Police Ariyankuppam Police Station, Puducherry. (Crime No.95 of 2016) ...Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records in connection with C.C.No.1091 of 2019 on the file of the Judicial Magistrate No.III, Puducherry and quash the same.
For Petitioner : Mr. T.Sai Krishnan For Respondent : Mr.K.S.Mohandass, Public Prosecutor, (Puducherry) Assisted by M/s.N.Danalatchumy
O R D E R
The petitioner has filed this Criminal Original petitions to quash the
proceedings in C.C.No.1091 of 2019 on the file of the Judicial Magistrate
Crl.O.P.No.2686 of 2022
No.III, Puducherry, in which cognizance was taken for the offence punishable under Section 75 of Juvenile Justice Act 2015 r/w 34 of Indian Penal Code.
Crl.O.P.No.2686 of 2022
if any such thing happens. Therefore, the said Rajavelu requested the Juvenile in conflict with the law to come through the window bars for him to videograph the scene in his cell phone so that he can have that vide for his safety and say that the juvenile escaped on his own. As such, the said Juvenile in conflict with the law attempted to come through the said window, however, he could not come through the same. It is pertinent to state here that during the above said occurrence, the petitioner herein was on duty and present at the occurrence site and as such the same was captured in the CCTV.
Crl.O.P.No.2686 of 2022
Justice Act, 2015 r/w 34 of IPC. He further submitted that now a final report has been filed for the alleged occurrence and the charge sheet are clear abusive process of law and without any application of mind. The petitioner has no role in the whole occurrence of the event, and the same is very evident from the very statement of the juvenile in conflict with law dated 25.07.2016. Only in order to implicate the petitioner in the case, the respondent police had subsequently obtained statements from the JCLs and falsely implicated the petitioner in the impugned charge sheet. Hence, he prayed to quash the C.C.No.1091 of 2019 on the file of the Judicial Magistrate No.III, Puducherry.
Crl.O.P.No.2686 of 2022
09.01.2024
Speaking Order/ Non Speaking Order Index: Yes/ No Neutral Citation: Yes/No
rri
Crl.O.P.No.2686 of 2022
T.V.THAMILSELVI, J.
rri
Crl.O.P.No.2686 of 2022
09.01.2024
1 issue framed by the court
Whether the criminal proceedings in C.C.No.1091 of 2019 against the petitioner under Section 75 of the Juvenile Justice Act, 2015 should be quashed.
2 provisions across 2 enactments
Balasubramanian @ Bala
State Rep. by The Inspector of Police Ariyankuppam Police Station, Puducherry
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
