Jefrin v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI & Crl.M.P.(MD)No.11316 & 11318 of 2024 1.Jefrin 2.Revindo ... Petitioners Vs.

1.The State Rep. by The Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District.

Crime No.10 of 2023.

2.XXXXXX, XXXXXX, XXXXXX, XXXXXX.

... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to call for the records pertaining to the case in Spl.S.C.No. 57/2023 on the file of the Special Court for Exclusive Trial of Cases Under POCSO Act, Thoothukudi and quash the same as against the petitioner.

For Petitioners : Mr.R.Anand For Respondents : Mr.B.Thanga Aravindh (R1) Government Advocate 1/4

ORDER

This Criminal Original Petition is filed to call for the records pertaining to the case in Spl.S.C.No. 57/2023 on the file of the Special Court for Exclusive Trial of Cases Under POCSO Act, Thoothukudi.

2. It is the contention of the learned counsel appearing for the petitioners that no case is made out from the materials collected by the prosecution as against the petitioners. Hence, he seeks to quash the final report.

3. The very submissions of the learned counsel appearing for the petitioners indicate that seven witnesses have been examined by the prosecution. As the substantive evidence had already come on record and documents have also been marked through the witnesses, at this stage, this Court cannot conduct a mini trial. This Court, exercising its jurisdiction under Section 528 BNSS, cannot conduct a roving enquiry or mini trial as held by the Hon'ble Supreme Court in Gunmala Sales Private Limited v. Anu Mehta and others reported in (2015) 1 SCC 103. Since seven witnesses have been examined, it is for the trial Court to take note of it and proceed as per law. Hence this Court is not inclined to quash the proceedings. However, the trial Court is directed to complete the trial as expeditiously as possible in 2/4

Spl.S.C.No. 57/2023 on the file of the Special Court for Exclusive Trial of Cases Under POCSO Act, Thoothukudi, within a period of three months from the date of receipt of a copy of this order.

4. With the above direction, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions stand closed. 16.02.2026 NCC : Yes / No Index : Yes / No Sm TO:- 1.The Special Court for Exclusive Trial of Cases Under POCSO Act, Thoothukudi.

2.The Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District.

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

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 16.02.2026 4/4