Vigneshwaran v. The State Rep By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Vigneshwaran ... Petitioner Vs.
1. The State Rep. by its Inspector of Police AWPS, Ammapet Salem
2. Sahayasilviya W/o.Antony Petrick Child Welfare Officer Brindha Children Home for Girls Under Life Line Trust Marriyamman Kovil Opposite Chinnamuthur Edappadi, Salem ... Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct the respondent to withdraw the case in Spl.SC.No.98 of 2023 in the file of Special Court for Cases under POCSO Act, Salem, and transfer the same to the Special Court for the case under POCSO Court, Dharmapuri. 1/4
For Petitioner : Mr.C.Deepakkumar For First Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) For Second Respondent : Court Notice returned unserved Proof of service not filed.
ORDER
This Criminal Original Petition has been filed by the petitioner/accused to direct the respondent to withdraw the case in Spl.SC.No.98 of 2023 on the file of Special Court for Cases under POCSO Act, Salem, and transfer the same to the Special Court for the case under POCSO Court, Dharmapuri.
2. It is seen that the Court notice taken on the second respondent has been returned unserved as out of station and though private notice was ordered, Affidavit of Service has not been filed.
3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent police and also perused the materials available on record. 2/4
4. A reading of the affidavit and grounds of O.P. for the transfer of Sessions Case are not satisfied. Therefore, this Criminal Original Petition is dismissed.
5. Both the parties are directed to co-operate for the disposal of the case. 16.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To
1. The Special Court for Cases under POCSO Act, Salem
2. The Inspector of Police AWPS, Ammapet Salem
3. The Public Prosecutor High Court of Madras, Chennai 3/4
P.VELMURUGAN. J.
Ksa-2 16.06.2025 4/4