Jesudass vs The State Rep. by, The Inspector of Police

Court
Madras High Court

Crl.O.P.No.30347 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:26.10.2026
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.30347 of 2026
Jesudass ... Petitioner
Vs.
1. The State rep by Inspector of Police
All Women Police Station- Kancheepuram,
Kancheepuram District.
(Crime No.30 of 2024)
2. Jabamalai .. Respondents
PRAYER: Criminal Original Petition is filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records
pertaining to the charge Sheet in Spl. S.C.No.155 of 2025 on the file of the
Hon’ble Principal District and Sessions Court, Kancheepuram and quash the
same.
For Petitioner : Mr.B.Manibharathi
For Respondents : Mr. R.Ganesh Kumar
Additional Public Prosecutor
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Crl.O.P.No.30347 of 2026
ORDER
This petition has been filed to quash the proceedings in Spl.
S.C.No.155 of 2025 on the file of the Principal District and Sessions court,
Kancheepuram , thereby taken cognizance for the offences under Sections
11(1), 11(3), 12, 9(1), 9(f), 10, 11(4), 21(1), 19 of the POCSO Act and
Section 75(1)(iv), 75(3), 79, 75(2) of BNS r/w Section 4 of Tamil Nadu
Prohibition of Harassment of Women Act, 2002 in Crime No.30 of 2024, as
against this petitioner.
2. The case of the prosecution is that A1 is a Social Science
Teacher, A2 is Headmaster and A3 is School Correspondent of St. Joseph
high School and that A1 misbehaved with the victim girl who is aged about
13 years studying VII Standard in St.Joseph High School.
3. Based on the complaint lodged by the defacto complainant, the
first respondent police registered an FIR in Crime No.30 of 2024. After
completion of the investigation, the first respondent filed a final report
before the Principal District and Sessions court, Kancheepuram and the same
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Crl.O.P.No.30347 of 2026
has been taken cognizance in Spl.S.C.No.155 of 2025. To quash the same,
the present petition has been filed.
4. Heard the learned Counsel appearing on either side and perused
the materials placed on record.
5. On perusal of the impugned final report and the statements of the
witnesses, it is revealed that there are specific allegations against the
petitioner, which are sufficient to attract the offences under Sections
Sections 11(1), 11(3), 12, 9(1), 9(f), 10, 11(4), 21(1), 19 of the POCSOAct
and Section 75(1)(iv), 75(3), 79, 75(2) of BNS r/w Section 4 of Tamil Nadu
Prohibition of Harassment of Women Act, 2002. The veracity of the
allegations can be determined only at the stage of trial, upon the appreciation
of evidence. The grounds raised by the petitioners involve disputed
questions of fact, which cannot be adjudicated at this stage.
6. The Hon'ble Supreme Court of India in the judgment reported
in 2019 (4) SCC 351 in the case of Devendra Prasad Singh Vs. State of
Bihar & Anr., (Crl.A.No.579 of 2019 dated 02.04.2019) while dealing with
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Crl.O.P.No.30347 of 2026
the petition to quash the entire criminal proceedings held that the High
Courts have no jurisdiction to appreciate the statement of the witnesses and
record a finding that there were inconsistencies in their statements and
therefore, there was no prima facie case made out as against the accused. It
could be done only by the trial Court while deciding the issues on the merits
or/and by the Appellate Court while deciding the appeal arising out of the
final order that the charge sheet has been laid on the basis of the
inconsistency statement under Section 180 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
7. Fruther, the Hon'ble Supreme Court of India in the judgment
reported in 2019 (10) SCC 686 in the case of Central Bureau of
Investigation Vs. Arvind Khanna, (Crl.A.No.1572 of 2019 dated
17.10.2019) held that the High Courts cannot record the findings on the
disputed facts. The defence of the accused is to be tested after appreciation
of evidence by the trial Court during the trial. Therfore, this Court has no
power to consider the disputed facts under Section528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
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Crl.O.P.No.30347 of 2026
8. The Hon'ble Supreme Court of India in another judgment dated
02.12.2019 passed in Crl.A.No.1817 of 2019 in the case of M.Jayanthi Vs.
K.R.Meenakshi & anr, held that while considering the petition for
quashment of complaint or charge sheet, the Court should not embark upon
an enquiry into the validity of the evidence available. All that the Court
should see is as to whether there are allegations in the complaint which form
the basis for the ingredients that consititue certain offences complained of.
Further, the Court can also see whether the preconditions requisite for taking
cognizance have been complied with or not and whether the allegations
contained in the complaint, even if accepted in entirety, would not consititue
the offence alleged. Whether the accused will be able to prove the
allegations in a manner known to law would arise only at a later stage i.e.,
during trial.
9. Further, this Court cannot observe at this stage as to whether the
initiation of criminal proceeding itself is malicious or not. The same is
required to be considered at the conclusion of the trial. Therefore, the ground
raised by the petitioner to quash the final report/charge sheet cannot be
entertained.
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Crl.O.P.No.30347 of 2026
10. In view of the above discussion, this Court is not inclined to
quash the proceedings in Spl. S.C.No.155 of 2025 pending on the file of the
Principal District and Sessions court, Kancheepuram. The petitioner is at
liberty to raise all the grounds before the trial Court.
11. Accordingly, the Criminal Original Petition stands dismissed.
Consequently, connected miscellaneous petitions are also closed.
26.10.2026
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
msv
To
Inspector of Police
All Women Police Station- Kancheepuram,
Kancheepuram District.
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Crl.O.P.No.30347 of 2026
G.K.ILANTHIRAIYAN. J,
msv
Crl.O.P.No.30347 of 2026
26.10.2026
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