Respondent/Defacto-complainant gave a false complaint against the petitioner before the first respondent, based on the said complaint, the 1st respondent registered FIR for the offences punishable under Section 8 of POCSO Act, 2005. Thereafter, the first respondent without following procedures and without conducting proper investigation, they filed final report. Based on the final report, the trial court had taken cognizance for the offences punishable under Section 8 of POCSO Act, 2005 in Spl.S.C.No.185 of 2021. There are no sufficient materials as against the petitioner to constitute the offence under section 8 of POCSO Act and to proceed the case further. The petitioner is none other than the father of the victim girl, due to family dispute between the petitioner and the 2nd respondent, she lodged a false complaint as against the petitioner. The trial Court also without perusing materials taken cognizance as against the petitioner. Therefore, pending proceedings as against the petitioner are against the law and it is abuse process of law. Therefore, the proceedings in Spl.S.C.No.185 of 2021 on the file of the S pecial Court for Exclusive Trial of Cases under POSCO Act, Chennai is liable to be quashed.
