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Madras High CourtCRL OP/28953/2019dismissed

Arulraj v. State Rep. By Its

2019-10-30Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.28953 of 2019 and Crl.M.P.No.15492 of 2019 Arulraj

...Petitioner

Vs State rep. by its Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

...Respondent

Crime No.12/2018 PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records and set aside the order dated 26.08.2019 made in Crl.M.P.No.554 of 2019 in SPL.S.C.No.47 of 2018 on the file of Sessions Fastrack Mahila Court, Krishnagiri.

For Petitioner : Mr.Mukund R.Pandiyan For Respondent : Mrs.Saratha Devi.V Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to set aside the order dated 26.08.2019 made in Crl.M.P.No.554 of 2019 in SPL.S.C.No.47 of 2018 on the file of the learned Sessions Judge, Fastrack Mahila Court, Krishnagiri.

2. Among the offences, for which the petitioner has been charged with, Sections 3 & 4 of the POCSO Act are also incorporated. It is seen that PW1 has already been cross examined and the petitioner seeks for further cross examination.

3. In view of Section 33(5) of the POCSO Act, which stipulates that the victim should not be repeatedly called for cross examination and taking into account of the fact that the petitioner has already cross examined the witness once, I do not find any infirmity in the order of the Trial Court rejecting the petitioner's application under Section 311 Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/

4. Accordingly, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar Hvk To

1. The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

2. The Public Prosecutor, High Court of Madras.

+1cc to Mr.Mukund R.Pandian, Advocate, S.R.No. 90442 Crl.O.P.No.28953 of 2019 and Crl.M.P.No.15492 of 2019 RSI (CO) GN(11/12/2019) https://hcservices.ecourts.gov.in/hcservices/