Surya v. State, Through The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

1. Surya

2. Kumar

3. Keerthika ... Petitioners Vs.

State through The Inspector of Police All Women Police Station Nannilam Tiruvarur (Crime No.19 of 2022) ... Respondent Prayer: Criminal Original Petition filed under Section 528 of BNSS, 2023 to call for the records relating the order passed by the Court of the Sessions Judge, Fast Track Mahila Court, Tiruvarur vide Crl.M.P.No.2 of 2024 in S.C.No.74 of 2023 dated 20.02.2025 and set aside the same. For Petitioners : Mr.C.Ganesh Pandian For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to set aside the order passed by the Sessions Judge, Fast Track Mahila Court, Tiruvarur vide M.P.No.2 of 2024 in S.C.No.74 of 2023 dated 20.02.2025.

2. The case of the petitioners is that the petitioners are facing trial in S.C.No.74 of 2023 on the file of the Sessions Judge, Fast Track Mahila Court, Tiruvarur for the offence under Sections 417, 376, 294(b), 506(ii) of IPC read with Section 4 of TNPWH Act. The petitioners filed a petition under Section 311 Cr.P.C. to recall the witnesses viz. P.W.1 (survivor girl), P.W.2 (her father) and P.W.3 (her mother) for the purpose of re-cross- examination on the ground that the survivor girl (P.W.1) got married another person and became pregnant and continuing the case would adversely affect her marital life and the future of her unborn child and that they had compromised with P.W.1 to P.W.3. However, the learned Sessions Judge, without considering the same, dismissed the petition. Hence, challenging the same, the present petition is filed. 2/5

3. Heard both sides and perused the materials available on record.

4. It is seen that the said witnesses were already examined in chief and also cross examined and sufficient opportunity has been given to the petitioners. Further, P.W.1 has got married some other person and has become pregnant. The offence involved in this case under Section 376 IPC is grave in nature and not compoundable as per the Proviso under Section 320 Cr.P.C. Therefore, the learned Sessions Judge rightly dismissed the petition. This Court is not satisfied with the reasons assigned by the petitioners for recalling the witnesses.

5. Therefore, this Criminal Original Petition is dismissed. 16.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Sessions Judge, Fast Track Mahila Court, Tiruvarur

2. The Inspector of Police All Women Police Station Nannilam, Tiruvarur

3. The Public Prosecutor High Court of Madras, Chennai 4/5

P.VELMURUGAN. J.

Ksa-2 16.06.2025 5/5