Madras High CourtCRL OP(MD)/8967/2024disposed of

K.Sudharsan v. The Inspector Of Police

2024-06-20Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI K.Sudharsan ... Petitioner Vs.

The Inspector of Police, Samayanallur AWPS, (In Crime No.4 of 2022) ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court for Exclusive Trial of Cases under POCSO Act, Madurai to dispose the case in Spl.S.C.No.136 of 2022 in Crime No.4 of 2022 on the file of the respondent within a time period that may be fixed by this Court.

For Petitioner : Mr.A.Raja For Respondent : Mr.B.Thanga Aravindh, Government Advocate(Crl.side) 1/5

ORDER

The petitioner, who is the defacto complainant in Spl.S.C.No.136 of 2022, has filed this petition seeking a direction to the Special Court for Exclusive Trial of Cases under POCSO Act, Madurai to complete the trial, within a time frame.

2.According to the petitioner, he lodged a complaint as against his wife alleging that she had physical relationship with some other man, in front of children of the petitioner and they have also abused the children. Based on the same, a case in Cr.No.4 of 2022 has been registered for the offence under Sections 9(m), 9(a)(iv), 10, 16, 17 of the Protection of Children from the Sexual Offences Act and Section 506(1) IPC. Thereafter, upon completion of investigation, the first respondent filed the final report, which was taken on file in Spl.S.C.No.136 of 2022 by the Special Court for Exclusive Trial of Cases under POCSO Act, Madurai. Even after a lapse of two years, the trial in the above said case has not been commenced and therefore, the petitioner filed the present petition.

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3.The learned Government Advocate(Crl.side) appearing for the respondent Police submits that the case is posted on 02.07.2024 for the appearance of the fifth accused.

4.The allegation appears to be serious in nature. The grievance of the petitioner is that the trial is not commenced, even after two years. The Special Court for Exclusive Trial of Cases under POCSO Act, Madurai shall endeavour to completed the trial as expeditiously as possible. Accordingly, this criminal original petition is disposed of. 20.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Special Court for Exclusive Trial of Cases under POCSO Act, 2.The Inspector of Police, Samayanallur AWPS, 3.The Additional Public Prosecutor, 3/5

Madurai Bench of Madras High Court, 4/5

B.PUGALENDHI,J gns 20.06.2024 5/5