JACOB JOHN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 482 Cr.P.C. seeking to quash FIR Case No.23(4)2013 on the file of the Ukhrul Police Station registered under Ss. 370(5)/376/34 IPC and under Sec. 6/10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) against the petitioner on the ground that for the same incident as stated in FIR Case No.23(4)2013, an FIR No.145 of 2013 was registered by the Mansarovar PS, Jaipur City under Ss. 244, 323, 354A, 376 IPC and under Ss. 23, 28 of Juvenile Justice Act and Ss. 3, 4, 5, 6, 7, 8, 9 and 10 of Protection of Children from Sexual Offences Act, 2012 and under Ss. 3/14 of Child Labour Act and under Sec. 24 of the Orphanages and other Charitable Homes (Supervision and Control) Act, 1960 is pending.

(2.) The case of the petitioner is that he is Christian by faith and is running a Children's Home in Jaipur in the name and style "The Father's Children Homes" for both boys and girls separately by giving education, shelter, food etc. to the poor and needy and under privileged children free of costs for more than 13 years, especially from North East. The said Home is a registered Society.

(3.) On 12/3/2013, the petitioner was arrested by the Mansarovar police in connection with FIR No.145 of 2013 registered under Sec. 344, 366, 370(5) IPC and under Ss. 23 and 28 of Children Protection Act and the petitioner was subsequently released on bail as per the order of the Sessions Judge, Jaipur on 21/3/2013. While enlarging the petitioner, the Sessions Judge, Jaipur observed that the parents of the children gave affidavit stating that they had sent their children with their own will and they were happy that with the help given by the petitioner by giving free education, shelter and food and also parents were allowed to meet and take out for entertainment from time to time. Thereafter, the petitioner was arrested by the Nagaland Police for the same offence in connection with FIR No.6/2013 registered under Ss. 344/346/363/376 IPC on the file of Julukei Paren PS. Thereafter, based on the complaint given by the Chairman and Members of Child Welfare Committee, a case was registered in FIR No.23(4)2013 on the file of Ukhrul PS under Ss. 370(5)/34 IPC and in the said case the petitioner was arrested and later on released on bail on 12/8/2013. According to the petitioner, by the order dtd. 2/9/2016, FIR No.6/2013 was quashed by the Gauhati High Court, Kohima Bench on the ground that there can be no successive FIRs in Criminal Revision Petition No.5(K) of 2016.