Madhesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Madhesh ... Petitioner Vs.

State Rep.by The Inspector of Police, AWPS Omalur Police Station, Salem District.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to withdraw and transfer the case in Spl.SC.No.191 of 2022 on the file of the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Salem to any other Court.

For Petitioner : Mr.M.Dhandapani For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

The petitioner herein is the sole accused facing trial for offence 1/4

under POCSO Act before the Special Court for Exclusive Trial of Cases under POCSO Act, Salem, is before this Court seeking transfer of the case to some other Court.

2.

Though the learned counsel appearing for the petitioner states that there is a threat to the accused during the proceedings of the Court below, this Court does not find any iota of the material to suspect that there is an element of threat to the accused to disable him from participate in the trial.

3.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that the trial is almost completed and now posted for examination of Investigating Officer. 4.

In such circumstances, this Court finds that there is no reason to transfer the trial from the Special Court to some other Court. Hence this Criminal Original Petition is dismissed. 25.04.2024 Index : Yes/No 2/4

rpl To 1.The Inspector of Police, AWPS Omalur Police Station, Salem District.

2.The Public Prosecutor, High Court of Madras, Chennai.

3/4

Dr.G.JAYACHANDRAN,J.

rpl 25.04.2024 4/4