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Madras High CourtCRL OP/13198/2022granted

Ananth v. The State Rep By Its,

2022-06-09Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2022 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.13198 OF 2022 Ananth ... Petitioner

Versus

The State through The Inspector of Police, All Women Police Station, Rasipuram, Namakkal District.

(Crime No.6 of 2021) ... Respondent PRAYER:- Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to set aside the order dated 16.02.2022 made in Crl.M.P.No.10 of 2022 in Spl.C.C.No.56 of 2021, on the file of the learned Sessions (Fast Track Mahila) Judge, Namakkal.

For Petitioner :

Mr.J.Jayan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to set aside the order dated 16.02.2022 made in Crl.M.P.No.10 of 2022 in Spl.C.C.No.56 of 2021, on the file of the learned Sessions (Fast Track Mahila) Judge, Namakkal.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.

3. Taking note of the fact that the petitioner is facing serious charges under POCSO Act, this Court is of the view that one more chance has to be given to the accused finally. https://hcservices.ecourts.gov.in/hcservices/

4. Accordingly, the order passed by the learned Sessions (Fast Track Mahila) Judge, Namakkal in Crl.M.P.No.10 of 2022 in Spl.C.C.No.56 of 2021 dated 16.02.2022 is set aside and the Trial Court shall summon PW1 and PW2 on the specific date. On such date, the entire cross examination of both the witnesses has to be completed. In the event of the petitioner failed to cross examine the witnesses on the same day, he will lose the right of cross examining the witnesses.

5. In view of the above, this Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar shk/rgi To 1.

The Sessions (Fast Track Mahila) Judge, Namakkal.

2.

The Inspector of Police, All Women Police Station, Rasipuram, Namakkal District.

3.

The Public Prosecutor High Court, Madras.

+2ccs to M/s.Camyles Gandhi, Advocate, S.R.Nos.33274 & 33421 CRL.O.P.NO.13198 OF 2022 PMK(CO) PBS/15/06/2022 https://hcservices.ecourts.gov.in/hcservices/