S. HARISH Vs. INSPECTOR OF POLICE, AWPS-AMBATTUR

JUDGEMENT

(1.) This Petition has been filed to quash the proceedings pending in Spl.SC. No.170 of 2023 on the file of Sessions Judge, Mahila Neethi Mandram (Fast Track Court), Tiruvallur District.

(2.) The case of the Prosecution is that a Letter was received from the Additional Deputy Commissioner of Police (Crime against Women and Children). In that letter, it was mentioned that the Petitioner had downloaded in his Mobile Phone pornographic materials pertaining to children. On receipt of the letter, the Second Respondent had registered a First Information Report in Crime No.03 of 2020 on 29/1/2020 for offences under Ss. 67-B of Information Technology Act, 2000 & 14(1) of Protection of Children from Sexual Offences Act, 2012.

(3.) In the course of investigation, the mobile phone belonging to the Petitioner was seized and it was sent to the Forensic Science Department for analysis. A report was given by the Analyst specifically identifying two files which contain Child Pornography content. In those two videos, boys (under teen) were found involved in sexual activity with an adult woman/girl. In the light of the materials that were seized during the course of the investigation, a Final Report came to be filed before the Court below and the same was taken on file in Spl.SC. No.170 of 2023. The Court below took cognizance for the offences under Sec. 67-B of Information Technology Act, 2000 and Sec. 14(1) of Protection of Child from Sexual Offences Act, 2012. Aggrieved by the same, the proceedings have been put to challenge in the present Quash Petition.