Madras High CourtCRL OP(MD)/5404/2025dismissed

Esakkidurai v. The State Of Tamil Nadu

2025-03-25Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Esakkidurai ... Petitioner Vs

1. The State of Tamil Nadu, Rep by the Inspector of Police, Sankarankovil AWPS., Tenkasi District.

Crime No. 19/2021.

2. Vallimayil

3. Xxxx ... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to call for the records relating to in Spl S.C No. 539/2024 on the file of the Principal District Court and Special Court for POCSO Act cases, Tenkasi, Tenkasi District and to quash the same. For Petitioner : Mr.T.Veldurai For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition has been filed to quash th case in Spl.S.C.No. 539 of 2024 on the file of the Principal District Court and Special Court for POCSO Act Cases, Tenkasi, Tenkasi District. 2.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that in this case already all the witnesses were examined. Now the case is posted for examination of accused under Section 351of BNSS. While so, at this stage the petitioner has filed this petition without merits to quash the case. Hence, prays to dismiss the petition.

3.In this case, since trial has already been completed and posted for examination of accused under Section 351 of BNSS, it is for the trial Court to take appropriate decision based on the evidence of witnesses. At this stage, this Court need not consider the prayer of the petitioner, since there are prima facie materials available as per records. The veracity of statement of witnesses cannot be considered and tested by this Court in this petition.

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4.In view of the above, this Court is not inclined to consider the prayer of the petitioner. Accordingly, this petition is dismissed at the admission stage itself.

25.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To 1.The Principal District Judge, Special Court for POCSO Act Cases, Tenkasi, Tenkasi District 2.The Inspector of Police, Sankarankovil AWPS., Tenkasi District.

Crime No. 19/2021.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

PNM ORDER IN 25.03.2025 4/4