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2024 DIGILAW 934 (SC)

Rohit D. Savla v. Police Station Vellor Inspector Of Police

2024-09-20

SURYA KANT, UJJAL BHUYAN

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ORDER : 1. The petitioners invoked the powers of the High Court under Section 482 of the Code of Criminal Procedure, 1973 to quash FIR No.166/2015 registered at Police Station Kandili, District Vellore, under Sections 341, 370 and 374 of the Indian Penal Code, 1860 (in short, the “IPC”) and Sections 16, 17 and 18 of the Bonded Labour System (Abolition) Act, 1976 (in short, the “1976 Act”) in which charge-sheet No.FR-68/201 dated 30.04.2018 was filed before the Judicial Magistrate. It seems that in the charge-sheet, offences under Section 3 read with Section 14 of the Child and Adolescents Labour (Prohibition and Regulation) Act, 1986 (in short, the “1986 Act”) have also been added. 2. Earlier the quashing petition was dismissed by the High Court vide an order dated 19.04.2022 primarily on the ground that none appeared on behalf of the petitioners to assist the High Court. The said order was interfered with by this Court after noticing that, unfortunately, the son of the petitioners’ counsel met with a fatal accident and there were reasons beyond the control of the learned counsel to appear and assist the Court. Thereafter, in this second round, the High Court, vide the impugned order dated 05.06.2024 has declined to quash the FIR and the charge-sheet referred to above. 3. We have heard learned senior counsel for the petitioners. 4. During the course of hearing, it was pointed out that after the committal, the matter regarding the framing of charges is yet to be taken up by learned Judicial Magistrate No.II, Tirupattur. That being so, we are of the view that the material sought to be relied upon by the petitioners to urge that there was no violation of the provisions of the 1976 Act or 1986 Act or the provisions of IPC, as mentioned in the FIR, the most appropriate recourse will be to place these documents before the Court concerned, who shall consider the same while deciding the issue re: framing of charges. Learned Judicial Magistrate No.II, Tirupattur will pass a brief reasoned order on consideration of such material. Ordered accordingly. 5. It goes without saying that the observations made by the High Court shall have no bearing on the order to be passed by learned Judicial Magistrate No.II, Tirupattur while considering the question of framing of charges and such an order shall be passed as per its own merits. Ordered accordingly. 5. It goes without saying that the observations made by the High Court shall have no bearing on the order to be passed by learned Judicial Magistrate No.II, Tirupattur while considering the question of framing of charges and such an order shall be passed as per its own merits. Learned Judicial Magistrate No.II, Tirupattur will make an endeavour to pass an appropriate order within a period of two months. 6. It is clarified that we have not expressed any opinion on the merits of the case. 7. The special leave petition is disposed of in the above terms. 8. All pending applications, if any, also stand disposed of.