Shafiya Khathun v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-01-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN Shafiya Khathun D/o Kalimullakhan, No.15, Muslim Street, Kaveripakkam, Arakkonam, Vellore 632508 Petitioner(s) Vs Inspector Of Police Kaveripakkam Police Station, Ranipet District (crime No.268/2022) and another Respondent(s) For Petitioner(s): M/s.R.Sunil Kumar For Respondent(s):Mr.S.Sugendran Additional Public Prosecutor for R1

ORDER

This Court, while disposing the Crl.O.P.No.20571 of 2023, vide order dated 07.09.2023, directed the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Vellore, to dispose of the case in Spl.S.C.No.20 of 2023, within a period of three months from the date of receipt of a copy of the order.

Later, the learned Sessions Judge sought extension of time to dispose of the case, vide letter dated 05.02.2024 and the same was also granted, vide order of this Court dated 27.02.2024. Subsequently, the learned Sessions Judge sought further extension of time to dispose of the case, vide letter dated 24.04.2024 and the same was also granted, vide order of this Court dated 25.06.2024.

2. Now, the learned Principal District Judge, Ranipet District, vide communication dated 05.12.2024, has stated that the said case was transferred from the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Vellore to the Principal District Court, Ranipet District and hence sought three months time to comply with the order dated 07.09.2023.

3. As per Section 35(2) of the POCSO Act, the Special Court has to complete the trial within a period of one year from the date of taking cognizance of the offence. Even after directions of this Court and also after expiry of one year, the abovesaid case is still pending.

4. Hence, the Registrar General is directed to call for explanation from the Special Judge concerned, for not following the provision of Section 35(2) of POCSO Act.

10-01-2025 mfa