Sathish v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.9428 of 2017 and CRL.MP.(MD)Nos.6423 & 6424 of 2017 Sathish .. Petitioner/Petitioner/Accused -VsThe State represented by The Sub-Inspector of Police, Arukani Police Station, Kanyakumari District.

(Crime No.23 of 2014) ..Respondent/ Respondent/Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to allow this Criminal Original Petition and set aside the order passed by the learned Special Court for Mahila (Fast Track), Kanyakumari Division at Nagercoil in Cr.M.P.No.270 of 2016 in Spl.C.No.1 of 2014, dated 11.07.2016 and allow the said application.

For Petitioner : Mr.N.Dilip Kumar For Respondent : Mr.C.Ramesh Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to set aside the order passed by the learned Special Judge for Mahila (Fast Track Court), Kanyakumari Division at Nagercoil in Cr.M.P.No.270 of 2016 in Spl.C.No.1 of 2014 dated 11.07.2016 and allow the said application. 2.Heard Mr.N.Dilip Kumar, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the respondent.

3.The petitioner is arrayed as an accused in Crime No.23 of 2014, for the alleged offences punishable under Sections 376 of IPC., r/w Section 8 of POCSO Act. Since, the final report was filed, the case was taken on file as Spl.C.No.1 of 2014 before the Special Court for Mahila, Kanyakumari Division, Nagercoil. The petitioner filed a petition under Section 91 Cr.P.C., for the production of Attendance Register by the Headmaster of the school https://hcservices.ecourts.gov.in/hcservices/

in connection with the attendance of the victim girl of the date of occurrence. Despite sufficient time was granted by the Court below, by an order, dated 11.07.2016, the petitioner did not take any steps to comply the order and hence the said petition was dismissed on 16.08.2016, for non-compliance of the earlier order dated 11.07.2016. Though, the above said order was passed on 16.08.2016, the petitioner has filed this Criminal Original petition after a delay of one year i.e., on April 2017. 4.However, taking into account the facts and circumstance of the case, this Court is of the view that the petitioner should be given an opportunity to defend his case. Since, the petition was allowed earlier, as per the direction of the Court below, one more opportunity can be given to the petitioner to defend his case.

5. Having regard to the facts and circumstances, the petition filed by the petitioner under Section 91 Crl.P.C., in Cr.M.P.No.270 of 2016 is restored and the petitioner is directed to take steps for the production of relevant documents before the Court below, within a period of one week from the date of receipt of a copy of this order.

6.In the result, this petition is allowed on condition that the petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) to the victim girl, within period of four weeks from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Special Court for Mahila (Fast Track), Kanyakumari Division, Nagercoil.

2.The Sub-Inspector of Police, Arukani Police Station, Kanyakumari District.

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

CRL.O.P.(MD)No. 9428 of 2017 21.07.2017 DAS/PJL KK/GT/SAR2 /31.07.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/