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Madras High Court Recalls Order Quashing Sexual Harassment Case Against Godman Shiva Sankar Baba

Upasana Sajeev

22 Nov 2022 6:30 AM GMT

    • Madras High Court Recalls Order Quashing Sexual Harassment Case Against Godman Shiva Sankar Baba

    The Madras High Court on Monday recalled its earlier order quashing a sexual harassment case against self-styled godman Shiva Sankar baba.On October 17, Justice RN Manjula had allowed a quashing petition filed by Baba after observing that no application to condone the delay was filed along with the complaint under Section 473 of CrPC.The case against Shiva Sankar Baba was that he had...

    The Madras High Court on Monday recalled its earlier order quashing a sexual harassment case against self-styled godman Shiva Sankar baba.

    On October 17, Justice RN Manjula had allowed a quashing petition filed by Baba after observing that no application to condone the delay was filed along with the complaint under Section 473 of CrPC.

    The case against Shiva Sankar Baba was that he had sexually harassed the de facto complainant when she visited the school to discuss about the sudden removal of her son from school. Based on her complaint, a case was lodged under Section 354 IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002.

    The offense was alleged to have been committed in 2010-2011, but the FIR was registered in 2021. Though the court found the allegations made by the complainant to be serious in nature, it said that in the absence of an application to condone the delay, the prosecution was time-barred.

    On Monday, the bench recalled the order after the State informed the court that a charge sheet had already been filed when the High Court quashed the FIR. The court also remarked that had it known that the charge sheet was already filed, it would not have quashed the FIR.
    Seeking to recall the earlier order, the State had submitted that the criminal proceedings could not have been quashed merely in the absence of application to condone delay as in a case initiated through a police report, the cognizance is only taken when the Magistrate applies his mind to the police report forwarded to him.

    The matter will now be taken up on November 29.

    Case Title: Shiva Sankar Baba v State

    Case No: Crl OP 23806 of 2021

    Tags
    Madras High Court#Justice RN Manjula#shivshankar baba
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