Madras High CourtWP Crl./600/2026allowed

M.Lavanya v. The District Collector,

2026-04-15Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. M.Lavanya D/o.Marimuthu, No.4, L.K.B.Nagar, Lakshmipuram, Poonamallee, Chennai-600 056.

Petitioner(s) Vs

1. The District Collector, Office of the District Collector, Thiruvallur. 2.The Commissioner of Police, Avadi City Police, Avadi.

3.The Deputy Commissioner of Police, Office of the Deputy Commissioner, Avadi.

4.The Assistant Commissioner of Police, Poonamallee, Chennai-600 056.

5.The Inspector of Police, W-30, All Women Police Station, Poonamallee-600 056.

Respondent(s) PRAYER To direct the 1st respondent to appoint Mr.D.Ashok Kumar Ms.2859/2010 as special public prosecutor to prosecute the case in Spl.SC No.118/2025 on the file of the Special Court for Exclusive Trial of cases under POCSO Act, Thiruvallur to conduct the trial on the basis of the petitioner representation 1 / 6

dated 17.03.2025 along with the consent letter of my private counsel and thus render justice.

For Petitioner(s):

R.Swetha For Respondent(s):

M/s. Leonard Arul Joseph Selvam Additional Pp

ORDER

The petitioner is a victim, on whose complaint a case in Crime No.18 of 2024 has been registered for the offences punishable under Sections 376(1), 376(2)(n), 47 of IPC and Sections 3(1)(W)(i), 3(1)(W)(ii), 3(1)(r), 3(1)(s) and 3(1)(zc) of SC/ST (Prevention of Atrocities) Act, against one Vigneshwar and his family members. The respondent police completed the investigation and filed charge sheet on 06.08.2025 before the Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvallur, in Spl.SC.No.118 of 2025. Later the offences under POCSO were included. The petitioner earlier sent a communication on 13.11.2025 to the Commissioner and Deputy Commissioner of Police, Avadi, stating that the police are not taking any action against the accused persons and the accused persons with the help of local politicians are giving pressure to the victim to withdraw the case lodged against the accused. 2.After filing of the charge sheet, the petitioner after getting consent from one Mr.D.Ashok Kumar, Advocate, to be a special prosecutor as per Rule 4(5) 2 / 6

of the SC/ST (Prevention of Atrocities) Rules, 1995, and sent a request to the 1st respondent / District Collector for appointment of Special Public Prosecutor. But, no action has been taken so far to appoint the Special Public Prosecutor and the case is kept pending without trial and the accused are roaming freely. Hence, this petition.

3.The learned Additional Public Prosecutor has filed counter affidavit, giving the origin of the case and how the case was investigated and charge sheet filed in this case. But, there is no reference about the appointment of Special Public Prosecutor and the steps taken by the police with the District Collector. 4.In view of the above, this Court directs the District Collector, Thiruvallur District, to consider the petitioner's representation and pass appropriate orders following the SC/ST Rules and thereby appoint the Special Public Prosecutor as per the choice of the victim, if the Advocate satisfies the condition.

5.The petitioner is directed to submit a copy of the representation to the Commissioner of Police, Avadi, and to the Dsitrict Collector, Thiruvallur, along with the copy of this order within a period of three (3) weeks from the date of uploading this order. Thereafter, on receipt of such representation along with 3 / 6

copy of this order, the District Collector, Thiruvallur, shall pass orders within a period of three (3) weeks therefrom.

6.With the above observations, this Writ Petition is allowed. No costs. 15-04-2026 krk Index:Yes/No Speaking/Non-speaking order Internet:Yes 4 / 6

To 1.The District Collector, Office of the District Collector, Thiruvallur. 2.The Commissioner of Police, Avadi City Police, Avadi.

3.The Deputy Commissioner of Police, Office of the Deputy Commissioner, Avadi.

4.The Assistant Commissioner of Police, Poonamallee, Chennai-600 056.

5.The Inspector of Police, W-30, All Women Police Station, Poonamallee-600 056. 6.The Public Prosecutor, High Court of Madras, Chennai.

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M.NIRMAL KUMAR J.

krk 15-04-2026 6 / 6