NEWS TAMIL 24X7 Vs. SHRUTHI THILAK

JUDGEMENT

(1.) This Criminal Revision Petition has been filed to call for the records and to set aside the Order, dtd. 22/5/2024 passed in Crl.M.P. No.667 of 2024 on the file of the Court of Special Judge for Exclusive Trial of Offences under POCSO Act Cases, which later culminated into F.I.R. in Crime No.23 of 2024 on the file of the Sixth Respondent-Police.

(2.) The case of the First Respondent/De facto Complainant is that the First Respondent/De facto Complainant is facing prosecution in Special S.C. No.69 of 2024 on the file of the Court of Special Judge for Exclusive Trial of Offences under POCSO Act Cases, Chennai, for the offences under Ss. 294-B, 352 and 506(ii), IPC and Sec. 10 read with 17 of the POCSO Act and Sec. 75 of the Juvenile Justice Act, 2015. Further, it is the case of the First Respondent/De facto Complainant that she preferred a Complaint in Crl.M.P. No.667 of 2024 before the Court of Special Judge for Exclusive Trial of Offences under POCSO Act Cases, for the offences under Ss. 23 & 33 of POCSO Act, 2012 read with Sec. 74 of the Juvenile Justice Act, 2015, against the petitioner. Based on the said complaint of the First Respondent/De facto Complainant, the Special Court passed the order dtd. 22/5/2024 and directed the Sixth Respondent-Police to register an F.I.R. Based on the said direction of the Special Court, the Sixth Respondent-Police had also registered an F.I.R. in Crime No.23 of 2024 on 9/7/2024 against the Petitioner herein for the offence under Sec. 23(4) of the POCSO Act.

(3.) The sum and substance of the Complaint made by the First Respondent/De facto Complainant against the Petitioner is that on 3/9/2023 and 8/9/2023, the Petitioner-Company had published Videos through their YouTube Channel namely "News Tamil 24x7" had revealed the name of the family members of the victim and exposed the identity of the victim. The Video contravened the law laid down by the Hon'ble Apex Court in Nipun Saxena and another v. Union of India, 2019 (1) CWC 544 (SC) : 2019 (2) SCC 703 (see Para 50.1). The First Respondent/De facto Complainant invoked jurisdiction of the Court of Special Judge for Exclusive Trial of Offences under POCSO Act Cases, under Ss. 31 & 33(9) of POCSO Act for penal action under Ss. 23(2) & 23(3) of the POCSO Act. Aggrieved by the Order of the Special Court in Crl.M.P. No.667 of 2024, the Petitioner herein has filed this Criminal Revision Petition.