Crl.O.P.No. 12390 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.04.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12390 of 2025 XXX ..... Petitioner Vs 1. Pandiarajan @ John Obeth 2. The State represented by the Inspector of Police, W8, AWPS Thirumanagalm Police Station, Chennai. (Crime No.24 of 2021). ..... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 05.02.2025, passed in Crl.M.P.No.36669 of 2024 in Spl.S.C.No.152 of 2022, pending on the file of the Court of Sessions Judge (MagalirNeethimandram), Allikulam, Chennai. For Petitioner : Mr.Deepika Murali For R2 : Mr.A.Gopinath Government Advocate (Crl.Side) O R D E R This Criminal Original Petition has been filed challenging the order 5.02.2025 passed in Crl.M.P.No36669 of 2024 in https://www.mhc.tn.gov.in/judis Crl.O.P.No. 12390 of 2025 Spl.S.C.No.152 of 2022 by the Sessions Judge, Magalir Neethimandram, Allikulam, Chennai, thereby allowing the petition filed by the first respondent to recall P.W.2/victim/the petitioner herein. 2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the second respondent. Perused the materials available on record. 3. The first respondent is facing trial for the offences under the POCSO Act. The petitioner is the victim and was examined as P.W.2. In fact, she was fully cross examined by the first respondent herein. Subsequently, the first respondent filed an application seeking to recall P.W.2 for further cross examination. 4. As per Section 33(5) of the POCSO Act, there is a clear bar against recalling the victim repeatedly for examination, except in exceptional circumstances. Therefore, the Trial Court not ought to have allowed the petition seeking to recall P.W.2, when she was already fully examined by the first respondent. However, it would amount to fill up the lacuna and it cannot be permitted. https://www.mhc.tn.gov.in/judis Crl.O.P.No. 12390 of 2025 5. In view of the above, this Court finds infirmity in the order 05.02.2025 passed in Crl.M.P.No36669 of 2024 in Spl.S.C.No.152 of 2022 by the Sessions Judge, Magalir Neethimandram, Allikulam, Chennai and is hereby set aside. However, the Trial Court is directed to proceed with the trial and complete the same within a period of three months from the date of receipt of a copy of this order. 6. In the result, this Criminal Original Petition stands allowed. 24.04.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Lpp To 1. The Sessions Judge, Magalir Neethimandram, Allikulam, Chennai 2. The Inspector of Police, W8, AWPS Thirumanagalm Police Station, Chennai. 3. The Public Prosecutor, Madras High Court, Chennai. https://www.mhc.tn.gov.in/judis Crl.O.P.No. 12390 of 2025 G.K.ILANTHIRAIYAN, J. Lpp Crl.O.P.No. 12390 of 2025 24.04.2025 https://www.mhc.tn.gov.in/judis