MARY PAUL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner/accused No.3 seeking to quash the proceedings in Special Case No.187 of 2016, pending on the file of 1st Additional District and Sessions Judge, Mandya. The charge-sheet has been laid against the accused relating to Cr.No.73 of 2013 for the offences punishable under Sections 354 and 376 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, hereinafter referred to as the POCSO Act) r/w Section 34 of I.P.C. Accused No.1 Dr.Manjunath and Accused No.2 Ramachandra Rao being his father, arraigned as accused Nos.1 and 2 in Cr.No.73 of 2013 and the crime came to be registered by the Mandya West Police Station, based upon the complaint given by the petitioner/informant herein namely, Mrs. Mary Paul who has been arraigned as accused No.3 in the aforesaid crime.

(2.) Heard Shri J.Hudson Samuel, learned counsel appearing for the petitioner through video conference and Shri K.Nageshwarappa, learned High Court Government Pleader appearing for Respondent Nos.1 and 2 who is physically present before the Court.

(3.) It is transpired from the case on hand that based on a complaint filed by the second respondent, the first respondent had registered a case in Cr.No.73 of 2013 against one Manjunath and his father Ramachandra Rao for the aforesaid offences. The charge-sheet has been laid against the accused persons. It is alleged in the complaint that the petitioner being an Executive Director of a reputed institution has neglected and failed to report the aforesaid offences committed by accused Nos.1 and 2 either to the police or to the Children Welfare Committee. Further, the Respondent-Police have shown the petitioner as absconding accused in the chargesheet. But by virtue of the allegations made in the charge-sheet against the petitioner that cognizance has been taken by the Special Judge in Special Case No.187 of 2016 for the offences which lugged against the accused Nos.1 and 2 in the aforesaid case.