Crl.R.C.No.1330 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 22.08.2025 DELIVERED ON : 10.09.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1330 of 2025 and Crl.M.P.Nos.15113 and 15115 of 2025 Mohan Kishanchand Thalani ... Petitioner Vs The State represented by Inspector of Police, W-8, All Women Police Station, Thirumangalam, Chennai. ... Respondents PRAYER: Criminal Revision Case is filed under Section 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for records and set aside the order dated 16.07.2025 passed in Crl.MP.No.859 of 2025 dismissing the application filed under Section 173(2) r/w Section 207 of Cr.P.C and direct the respondent/complainant to submit the complete proceedings including the alleged report dated 10.03.2018 given by LW3 to Barnet Police Station, London, before the Trial Court and supply all the aforesaid documents under Section 207 of Cr.P.C. to the accused before commencement of trial. For Petitioner : Mr.R.John Sathyan Senior Counsel for S.Ashok Kumar For R1 : Mr.A.Gopinath Government Advocate (Crl.side) For R2 : Mr.Rahul Jagannathan ORDER https://www.mhc.tn.gov.in/judis Crl.R.C.No.1330 of 2025 This Criminal Revision case has been filed as against the order dated 16.07.2025 passed in Crl.MP.No.859 of 2025, thereby dismissing the application filed under Section 173(2) r/w Section 207 of Cr.P.C and to direct the respondent/complainant to submit the complete proceedings including the alleged report dated 10.03.2018 given by LW3 to Barnet Police Station, London, before the Trial Court. 2. The case of the prosecution is that when the victim girl was in bed, the petitioner came to her room and pushed her to lay in the bed and thereafter, he grabbed her boobs. He lifted her top and sucked her boobs. He put is hand down in her pants. At that juncture, the grand mother called her for being fed. Therefore, she had left the said place. The petitioner resides in India and the victim resides in the United Kingdom. Initially in the United Kingdom, the petitioner had informed the said occurrence to her therapist who had then disclosed it to her family members. Therefore, the complaint was lodged at the Barnet Police Station, London. Thereafter, the victim's father contacted the first respondent and stated that his daughter was sexually abused by the victim's great uncle, when she was 10 years old viz., five years before when his daughter was in India. Hence, the complaint. 3. On receipt of the complaint, the first respondent registered FIR in https://www.mhc.tn.gov.in/judis Crl.R.C.No.1330 of 2025 Crime No.20 of 2020 for the offence punishable under Section 6 of Protection of Child from Sexual Offences Act, 2012. After completion of investigation, final report was filed and the same was taken cognizance by the Trial Court in Spl.S.C.No.31 of 2021, for the offences punishable under Sections 342, 376AB Sections 5(m) read with 6 of POCSO Act, 2012. 4. The Trial Court served the charge sheet along with annexures as contemplated under Section 207 of Cr.P.C. The Trial Court also framed charges as against the petitioner and pending trial, the petitioner filed an application seeking complete proceedings of the documents which were annexed along with the charge sheet under Section 207 of Cr.P.C. However, it was dismissed. Aggrieved by the same, this revision. 5. The learned Senior Counsel appearing for the petitioner submitted that certain portions in the document which is now relied upon by the prosecution, is masked by the prosecution. The admissibility of the said document can be looked into at the time of trial and as such, the petitioner is required to be served with the complete set of document without any masking of certain portions. If the substantial right to access documents is curtailed, it would violate the Article 21 of the Constitution of India. He further submitted https://www.mhc.tn.gov.in/judis Crl.R.C.No.1330 of 2025 that the alleged incident took place in the month of August, 2012, when the victim was aged about 10 years, whereas, the present prosecution case alleged that the incident took place in the month of August, 2014, when the victim was aged about 12 years. These fundamental contradictions goes to the root of the prosecution case and can only be resolved by examining the complete and legible documents from the Barnet Police Station, London. However, the Trial Court failed to appreciate that in the month of August, 2012, the POCSO Act itself had not come into force, nor Section 376(A)(B) of IPC was in effect. The delibrate change in the date of occurrence from 2012 to 2014 appears to be a fraudulent attempt to bring the accused within the ambit of POCSO Act. Even according to the complainant, when the victim girl had visited India, in the year 2019, there was no complaint. There was huge delay in lodgment of complaint. Therefore, it is necessary to submit complete report without masking any words, so that the petitioner can cross examine the victim in a full-fledged manner. 6. A perusal of records revealed that the petitioner was provided with the copies along with the final report. Some of the portion in the report of the Barnet Police Station, United Kingdom is masked either by prosecution or by the Barnet Police Station, United Kingdom. If the prosecution is relying upon the said document, it has to be provided prior to the commencement of Trial, https://www.mhc.tn.gov.in/judis Crl.R.C.No.1330 of 2025 without masking any portion of the said report. If the prosecution is not intending to mark those documents, the petitioner need not be prejudiced for non serving of those copies. 7. In view of the above, this Criminal Revision Case is disposed of. Consequently, connected Miscellaneous petitions are closed. 10.09.2025 (2/2) Internet:Yes Index:Yes/No Speaking/Non speaking order mn G.K.ILANTHIRAIYAN. J, mn To 1. The Sessions Judge, https://www.mhc.tn.gov.in/judis Crl.R.C.No.1330 of 2025 Special Court for Exclusive Trial of Cases under POCSO Act, Chennai. 2. The Inspector of Police, W-8, All Women Police Station, Thirumangalam, Chennai. 3. The Public Prosecutor, High Court, Madras. Crl.R.C.No.1330 of 2025 10.09.2025 https://www.mhc.tn.gov.in/judis