Writ Petition No. 27995 of 2014 and M.P. Nos. 1 to 3 of 2014. Case: M. Subramaniam Vs The State of Tamil Nadu and Ors.. High Court of Madras (India)
| Case Number | Writ Petition No. 27995 of 2014 and M.P. Nos. 1 to 3 of 2014 |
| Counsel | For Appellant: U. Nirmala Rani, Adv. and For Respondents: P.H. Arvindh Pandian, Additional Advocate General, assisted by R. Vijayakumar, Additional Government Pleader |
| Judges | V. Ramasubramanian, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 161, 161(3), 164A, 173, 207, 301; Protection of Children from Sexual Offences Act, 2012 - Sections 19, 19(2), 19(5), 24, 25, 26, 27, 32, 33(4), 36, 37, 40, 44(1), 45(2) |
| Judgement Date | April 30, 2016 |
| Court | High Court of Madras (India) |
Order:
V. Ramasubramanian, J.
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The petitioner, a daily wage earner, whose daughter went missing along with one of her friends from 08.06.2014 and who were later rescued, after allegedly being sexually exploited, has come up with the above writ petition, seeking various relief's such as transfer of the investigation from the local police to the Central Bureau of Investigation and the enforcement of the various provisions of the Protection of Children from Sexual Offences Act and the Rules thereunder.
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Heard Ms. U. Nirmala Rani, learned counsel for the petitioner and Mr. P.H. Arvindh Pandian, learned Additional Advocate General, assisted by Mr. R. Vijayakumar, learned Additional Government Pleader, for the respondents.
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The petitioner is a poor daily wage earner, residing in Thittakudi, in Cuddalore District. He has two sons and two daughters. One of his daughters by name Kalaiselvi, studying in Standard IX in Government Higher Secondary School, Thittakudi, went missing from 08.06.2014 along with her friend by name Swetha.
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The petitioner claims to have made a complaint to the Thittakudi Police on 15.06.2014, but they registered the complaint much later in Crime No. 141 of 2014. It is the specific case of the petitioner that one Mr. Karnan, the brother of the Chairman of the Local Town Panchayat asked the petitioner to meet his brother. When the petitioner met the Chairman of the Town Panchayat, he assured the petitioner that the missing children would come back home, if the petitioner withdrew the police complaint.
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It appears that what happened in June 2014 was, a repeat performance of what happened earlier in February 2014. In February 2014, when those two girls went missing, the petitioner gave a police complaint and the same was received and given CSR. No. 35 of 2014. However, the petitioner claims that he was threatened to withdraw the complaint, after which, the children returned home.
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When the second incident happened on 08.06.2014, the petitioner not only gave a police complaint on 15.06.2014, but also sent a memorandum to the Chief Minister's Grievance Cell on 03.07.2014, even mentioning the names of the possible suspects. According to the petitioner, this action infuriated the local police, one of whom threatened the petitioner. However, a few political parties such as CPI(M), PMK as well as the local MLA and the All India Democratic Women's Federation helped the petitioner.
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The petitioner states that as per the information given by the children, they were kidnapped by one Fr. Aruldass, who sold them to many persons. The children were trafficked and sexually exploited at various places. Since the petitioner was not allowed to meet the children even after they were rescued, the petitioner came up with the above writ petition seeking various reliefs indicated supra.
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On 20.10.2014, when the writ petition came up for hearing, it was reported by the learned Additional Government Pleader that the children were lodged in a Home for Children. Therefore, I passed the following order:-
"Mr. R. Vijayakumar, learned Additional Government Pleader takes notice for the respondents.
As per the written instructions given by the Inspector of Police, PEW, Cuddalore to the learned AGP, the victim children are in MATT Home (Child Care and Protection) in Cuddalore from 05.08.2014 as per the orders of the Mahila Court II. The children are aged 14 & 12 respectively.
The respondents are directed to file counter by 05.11.2014. In the meantime, further investigation in Cr. No. 141 of 2014 on the file of Thittakudi Police Station shall stand stayed. The children shall be immediately shifted by the Thittakudi Police, at the cost of the State, to the AVVAI Home, Adayar, Chennai.
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On the next date of hearing namely 05.11.2014, the respondents filed a counter. On that date, I passed the following order:-
The respondents have filed a counter today. As per the order passed on 20.10.2014, the victim children have been shifted to Avvai Home at Chennai. The parents of the children are present in Court today. The learned counsel for the petitioner seeks permission for the parents to visit children along with one or two officers of the N.G.O., which supports the children in this cause. There will be an interim direction permitting the parents of the victim children to visit the children and talk to them. The parents are also permitted to be accompanies by the officers of the N.G.O. Post on 10.11.2014.
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Thereafter, the CD file was summoned and arguments were heard on both sides.
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The Superintendent of Police, Cuddalore, who is the fourth respondent has filed a counter affidavit. In the counter affidavit, she has stated that the petitioner filed a complaint on 11.07.2014 which was registered in Crime No. 141 of 2014; that no complaint was filed on 15.06.2014; that after the petitioner and the grandmother of the other girl, whose parents are now no more, lodged complaints, the Special Sub-Inspector of Police by name Prathapan was deputed to enquire one Lakshmi; that when the investigation was in progress, the petitioner and the guardian of the other missing girl produced the children at Thittakudi Police Station, claiming that the children had gone to their friend's house; that the children also corroborated the version of the parent and guardian and hence, the CSRs were closed on the same date; that the claim of the petitioner that the missing girls were traced by police on 05.08.2014 is false; that it was only the petitioner, who brought the missing girls to the police station claiming that they returned home as usual, as had happened in the past; that the Investigating Officer has examined 64 witnesses so far and identified 22 accused and arrested and remanded them to custody; that a test identification parade was...
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