Mari @ Mariselvi @ Kulanthai vs The State Represented By
2023 Latest Caselaw 13496 Mad

                                                                             Crl.O.P.(MD) No.16138 of 2023

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 04.10.2023

                                                       CORAM:

                                  THE HONOURABLE DR.JUSTICE G.ILANGOVAN

                                             Crl.O.P.(MD)No.16138 of 2023
                                           and Crl.M.P.(MD).No.12842 of 2023

                 Mari @ Mariselvi @ Kulanthai                 ...Petitioner / Respondent / Accused


                                                        Vs.
                 The State Represented by
                 The Inspector of Police,
                 Kadayanallur Police Station,
                 Tenkasi District.
                 (Crime No.470 of 2014)                 ...Respondent / Petitioner / Complainant

                 PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call

                 for the records of the order passed by the Special Court for POCSO Act Cases,

                 Tirunelveli, in Crl. M.P. No.838 of 2023 in Spl. C.C. No.37 of 2019 dated

                 07.07.2023 and set aside the same.

                                  For Petitioner   :Mr.V.Angusamy

                                  For Respondent   :Mr.M.Vaikkam Karunanithi
                                                    Government Advocate (Crl. Side)



                 1/4

https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD) No.16138 of 2023

                                                         ORDER

This criminal original petition has been filed to set aside the order passed

by the Special Court for POCSO Act Cases, Tirunelveli in Crl. M.P. No.838 of

2023 in Spl. C.C. No.37 of 2019 dated 07.07.2023.

2.The learned Government Advocate (Crl. Side) would submit that

application was filed by the State to summon the Municipal Corporation Officials

for the purpose of producing the Birth Certificate of the victim. That came to be

allowed by the trial Court by the order dated 07.07.2023.

3.Expressing the grievance over the above said order, this petition has been

filed on the ground that sufficient opportunity was given to the prosecution to

establish the date of birth of the victim. That was not properly utilized by them.

After closure of the evidence, that too, before pronouncing Judgment the said

application was filed.

4.The State can very well obtain Certified copy of the Birth Certificate of

the victim from the concerned authority and produce before the concerned Court.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.16138 of 2023

In stead of that to summon the Municipal Officials for producing the document

and giving evidence, the above said application has been filed. Even though the

above said application is maintainable, there shall be a direction to the

prosecution to obtain the certified copy of the Birth Certificate of the victim and

mark the same through a competent person. With the above said modification, I

found no reason to set aside the above said entire order.

5.With the above said modification, this criminal original petition stands

disposed of. Consequently, connected miscellaneous petition is closed.

                 Speaking              : Yes / No                                 04.10.2023
                 NCC                   : Yes / No
                 Internet              : Yes / No
                 Index                 : Yes / No

                 TM

                 To

1.The District and Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli.

2.The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.16138 of 2023

G.ILANGOVAN. J.

TM

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.16138 of 2023

04.10.2023

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