Muthu vs The Inspector Of Police
2022 Latest Caselaw 15460 Mad

                                                                               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)




                     Page 1 of 4


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

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.

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

https://www.mhc.tn.gov.in/judis