Madras High CourtCRL OP/26826/2024disposed of

T.Priya v. The State Rep. By Its

2024-11-12Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN T.Priya ... Petitioner Vs.

1. The State represented by The Inspector of Police, W-12, All Women Police Station, Harbour Circle, Chennai -1.

2. Venkatesan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Special Court constituted under POCSO Act, Chennai to dispose the Spl.S.C.No.39 of 2023 within the time frame. For Petitioner : M/s. Om Sai Ram For R1 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) For R2 : Mr.N.S.Ganesh

O R D E R

This Criminal Original Petition has been filed to direct the Special Court constituted under POCSO Act, Chennai to dispose the Spl.S.C.No.39 of 2023 within the time frame.

2. Heard the learned counsel appearing on behalf of the petitioner, learned Government Advocate (Crl.Side) appearing for the official respondent and the learned counsel for the private respondent and also perused the materials available on record.

3. Learned counsel for the petitioner submitted that the petitioner lodged a complaint as against the second respondent before the first respondent. The first respondent police registered F.I.R in Crime No.3 of 2022 for the offence under Section 11(i) read with 12 of POCSO Act, 2012. The respondent police filed the charge sheet before the learned Special Court for POCSO Cases, Chennai and the same was taken on file in Spl.S.C.No.39 of 2023. The petitioner filed the above petition seeking

direction to the Special Court to dispose the abovesaid case.

4. The period for recording of evidence of child and disposal of the case is contemplated in the POCSO Act. Section 35 of POCSO Act says that evidence of child shall be completed within a period of 30 days of the Special Court taking cognizance of the offence and reasons for the delay, if any, shall be recorded by the Special Court.

5. The Special Court constituted under POCSO Act, Chennai is directed to complete the trial within a period of six months by conducting trial on day-to-day basis and dispose the case in Spl.S.C.No.39 of 2023 in the manner known to law.

6. With the abovesaid direction, the Criminal Original Petition is disposed of.

12.11.2024 mfa Index:Yes/No Speaking Order: Yes/No

1. The Special Court constituted under POCSO Act, Chennai

2. The Inspector of Police, W-12, All Women Police Station, Harbour Circle, Chennai -1.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J.

mfa 12.11.2024