XXXXXXXXX Vs. UNION TERRITORY OF LAKSHADWEEP

JUDGEMENT

(1.) The petitioners who are the accused persons in S.C.No.10/2022 on the file of the Sessions Court (Special Court for POCSO Act) Kavarathy, arising out of Crime No.41 of 2020 of Kavarathy police station filed this petition under Sec. 482 Cr.P.C. praying for quashing all further proceedings against him. The offence alleged against the petitioners is under Sec. 22 of Protection of Children from Sexual Offence Act (POCSO Act).

(2.) The prosecution case is that on the basis of a false information furnished by the petitioners, Crime No.41/2020 was registered against the accused therein and upon investigation it is revealed that no such offence was committed by the accused. Therefore, after investigation, the police dropped the prosecution against the accused therein and the petitioners were arrayed as accused alleging that they have committed the offence under Sec. 22 of the POCSO Act.

(3.) According to the learned counsel for the petitioners, since, the offence allegedly committed by the accused was under Sec. 12 of the POCSO Act, even if it is assumed that it was a false complaint, the same will not constitute an offence under Sec. 22 of the above Act.