Crl.O.P.No.22427 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 16.09.2022
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.22427 of 2022
and
Crl.M.P.No.14416 of 2022
Muthu ... Petitioner
Vs
The Inspector of Police,
Race Course Police Station,
Coimbatore.
(Cr.No.551 of 2017) ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to
set aside the order in Cr.M.P.No.571 of 2022 in Spl.C.C.No.18 of 2019 on
the file of the Special Court for Exclusive Trial of Cases under POCSO Act,
Coimbatore by allowing this Criminal Original Petition.
For Petitioner : Mr.S.Manickam
For Respondent : Mr.S.Santhosh,
Government Advocate (Crl.Side)
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.22427 of 2022
ORDER
This petition has been filed to set aside the order in Cr.M.P.No.571 of 2022 in Spl.C.C.No.18 of 2019 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore by allowing this Criminal Original Petition.
2. The petitioner charged for the offences under Section 9 of Prohibition of Child Marriage Act, 2012 and Section 5(1) r/w Section 6 of POCSO Act, 2012 in Spl.C.C.No.18 of 2019. The prosecution so far examined as P.W.1 to P.W.18. P.W.3 is the victim girl, who aged about 15 years and she was examined in chief as early as on 26.12.2018. When the matter was posted for judgement, the petitioner filed a petition under Section 311 of Cr.P.C to recall P.W.3, who is the victim girl for the purpose of cross examination.
3. On a perusal of the records, it reveals that the victim girl, who is aged about 15 years and she was examined in the year 2018 itself. After the examining all the prosecution witnesses and the same was closed on Page 2 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22427 of 2022 29.09.2020 for the past two years. The petitioner simply had taken adjournment for defence witnesses. When the matter was posted for judgment, the petitioner filed the said petition to recall P.W.3. That apart, the victim girl, who is aged about 15 years and cannot repeatedly called for witness deposition. Therefore, the Trial Court rightly dismissed the 311 of Cr.P.C petition and as such, this Court finds no infirmity or illegality in the order passed by the Trial Court.
4. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed.
16.09.2022 Index:Yes/no Speaking/non speaking order kv To
1. The Inspector of Police, Race Course Police Station, Coimbatore.
2. The Public Prosecutor, High Court of Madras.
Page 3 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22427 of 2022 G.K.ILANTHIRAIYAN. J, kv Crl.O.P.No.22427 of 2022 16.09.2022 Page 4 of 4 https://www.mhc.tn.gov.in/judis