Sivakumar @ Kumar v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10973 of 2025 and Crl.M.P.No.7298 of 2025 Sivakumar @ Kumar ....

Petitioner Vs The State rep.by The Inspector of Police, All women Police Station, Ammapet, Salem District ....

Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 11.03.2025 made in Crl.M.P.No.,1405 of 2024 in Spl.S.C.No.43 of 2020 on the file of the Court of the Sessions Judge, Principal POCSO Court, Salem by allowing this Criminal Original Petition. For Petitioner : Ms.Abinu Monisha For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed challenging the order dated 11.03.2025 passed in Crl.M.P.No.1405 of 2024 in

Spl.S.C.No.43 of 2020 on the file of the Sessions Judge, Principal POCSO Court, Salem, thereby dismissing the application filed by the petitioner to recall P.Ws 2 to 4.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent and perused the materials available on record.

3. The petitioner is facing charges under the POCSO Act in Spl.S.c.No.43 of 2020 and is arrayed as A2. On the side of the prosecution, they had examined all the witnesses and the matter now stands posted for Judgment. At this juncture, the petitioner filed an application to recall P.Ws.2 to 4 for cross examination. Though the petitioner failed to cross examine P.Ws.2 to4 on the date of their chief examination, the present application to recall them was filed only at the state when the matter was posted for Judgment. That apart, P.Ws 2 to 4 were examined in the year 2021. Therefore, the present application filed to recall P.Ws.2 to 4 cannot be entertained and the Trial Court has rightly dismissed the application filed by the petitioner seeking to recall P.Ws.2 to 4.

4. In view of the above, this Court finds no infirmity or illegality in the order dated 11.03.2025 passed in Crl.M.P.No.1405 of

2024 in Spl.S.C.No.43 of 2020 on the file of the Sessions Judge, Principal POCSO Court, Salem. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

15.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Sessions Judge, Principal POCSO Court, Salem.

2.The Inspector of Police, All women Police Station, Ammapet, Salem District 3.The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.10973 of 2025 15.04.2025