[Cites 1, Cited by 0]
Madras High Court
Sathishkumar vs State Of Tamil Nadu on 10 March, 2026
Author: R.Vijayakumar
Bench: R.Vijayakumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2026
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
Crl.OP.(MD)No.5027 of 2026
and
Crl.M.P.(MD).No.5371 of 2026
Sathishkumar ...Petitioners/Sole Accused
Vs
State of Tamil Nadu,
Rep. by its The Inspector of Police,
Colachel All Women Police Station,
Colacehl, Kanniyakumari District.
(In Crime No.11 of 2021) ...Respondent/Complainant
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act,
to call for the records of the order in Crl.M.P.No.28 of 2026 in Spl.S.C.No.40 of
2022 on the file of the Special Court for the POCSO Offence Cases/Special
Sessions Judge, Kanniyakumari District at Nagercoil, dated 05.02.2026 and set
aside the same and consequently, direct the learned Special Court for the
POCSO Offence Cases/ Special Sessions Judge, Kanniyakumari District at
Nagercoil to Recall P.W.19 and P.W.20 and allow the petitioner to cross
examine those witnesses.
For Petitioners : Mr.M.Suri
For Respondent : Mr.R.Meenakshi Sundaram
Additional Public Prosecutor
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ORDER
The present petition has been filed by the sole accused in Spl.S.C.No.40
of 2022 on the file of the Special Court for the POCSO Offence Cases/Special
Sessions Judge, Kanniyakumari District at Nagercoil, challenging the order
dated 05.02.2026 passed in Crl.M.P.No.28 of 2026 in Spl.S.C.No.40 of 2022 by
the Special Court for the POCSO Offence Cases/Special Sessions Judge,
Kanniyakumari District at Nagercoil, wherein the application of the petitioner
under Section 311 of Cr.P.C., for cross examination of P.W.19 and P.W.20 has
been dismissed.
2.According to the learned counsel appearing for the petitioner, all other
witnesses have been cross examined promptly by the petitioner. But P.W.4 was
not cross examined and on filing an application under Section 311 of Cr.P.C.,
the same was allowed and thereafter, P.W.4 was also cross examined. He further
submits that P.W.19 was chief examined on 18.12.2025 and due to illness on the
part of the counsel, he could not be cross examined on the said day. P.W.20 was
chief examined on 09.01.2026 and he could not be cross examined on the said
day and hence, the application in Crl.M.P.No.28 of 2026 has been filed seeking
to recall P.W.19 and P.W.20 for the purpose of cross examination and the same
was dismissed by the Special Court for the POCSO Offence Cases/Special
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Sessions Judge, Kanniyakumari District at Nagercoil. Hence, the present
petition has been filed. He further submits that unless the police officials are
brought for cross-examination regarding the contradictions that emerged from
the evidence of P.W.4, serious prejudice would be caused to the accused.
3.Per contra, the learned Additional Public Prosecutor appearing for the
respondent Police submits that the petitioner is in the habit of dragging on the
proceedings and that the proceedings have been dragged on for more than four
years due to the delaying tactics adopted by the petitioner.
4.Heard the learned counsel on either sides and perused the materials
avialable on record.
5.FIR in Crime No.11 of 2021 has been registered on 18.03.2021 and the
charge sheet has been laid on 14.12.2021. After a period of 3 years, P.W.19 was
chief examined on 18.12.2025 and P.W.20 was chief examined on 09.01.2026.
On the same day of chief examination of P.W.20, the petitioner has filed a
petition to defer the cross examination of P.W.20 and the same was dismissed.
Thereafter, the petitioner has filed an application under Section 311 Cr.P.C., to
recall P.W.19 and P.W.20 for the purpose of cross examination and the same was
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dismissed by the Special Court for the POCSO Offence Cases/Special Sessions
Judge, Kanniyakumari District at Nagercoil.
6.The victim has already been cross-examined and there is no request on
the part of the petitioner to cross-examine the victim. Hence, it would meet the
ends of justice, if the petitioner is permitted to cross-examine P.W.19 and P.W.
20
7.In view of the above observations, the impugned order dated
05.02.2026 passed in Crl.M.P.No.28 of 2026 in Spl.S.C.No.40 of 2022 by the
Special Court for the POCSO Offence Cases/Special Sessions Judge,
Kanniyakumari District at Nagercoil is set aside and this Criminal Original
Petition stands allowed with a direction to the petitioner herein to complete the
cross-examination of P.W.19 and P.W.20 on a single day. It is made clear that no
further opportunity shall be granted to the petitioner. Consequently, the
connected Criminal Miscellaneous Petition is closed.
10.03.2026
NCC : Yes/No
Index : Yes/No
Internet: Yes/No
vsg
Note:Issue Order Copy on 11.03.2026.
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To
1.The Special Court for the POCSO Offence Cases
/Special Sessions Judge,
Kanniyakumari District at Nagercoil.
2.The Inspector of Police,
Colachel All Women Police Station,
Colacehl, Kanniyakumari District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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R.VIJAYAKUMAR, J.
vsg
10.03.2026
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