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2025 DAILYLAW 87362 (MAD)

XXX v. The State rep. by the

CRL OP/23220/2025 · 2025-08-21

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.23220 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.08.2025 CORAM : THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Crl.O.P.No.23220 of 2025 (Redacted) ... Petitioner Vs. The State represented by the Inspector of Police, All Women Police Station, Dharmapuri, Crime No.25 of 2024, Dharmapuri District. ... Respondent Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita to direct the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Dharmapuri, to dispose of the case in Spl.S.C.No.162 of 2024 within a time frame fixed by this Court. For Petitioner : Mr.N.Manoharan For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side) https://www.mhc.tn.gov.in/judis Crl.O.P.No.23220 of 2025 O R D E R This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Dharmapuri, to dispose of the case in Spl.S.C.No.162 of 2024 within a time frame fixed by this Court. 2.Learned counsel for the petitioner would submit that, despite filing of charge sheet nine months ago and the same being taken on file in Spl.S.C.No.162 of 2024 for the offences under Sections 5(l), 5(f), 5(p) and 6(1) of POCSO Act, Sections 366, 323, 506(1) IPC, trial has not commenced so far. Meanwhile, the petitioner/victim received a threat from the accused and three other persons to withdraw the complaint and therefore, the petitioner's uncle has lodged a complaint with the Police in this regard. He would further submit that speedy trial is a fundamental right as far as POCSO Act is concerned. Hence, he prayed for a direction to the trial Court to expedite the trial. https://www.mhc.tn.gov.in/judis Crl.O.P.No.23220 of 2025 3.Considering the allegations pressed into service by the victim and also having regard to the fact that the POCSO Act itself provides for speedy trial to complete the trial within a period of one year, the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Dharmapuri, is directed to dispose of the case in Spl.S.C.No.162 of 2024, without any further delay, in accordance law. 4.With the above direction, this Criminal Original Petition is disposed of. 21.08.2025 mkn Internet : Yes Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No To 1.The Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Dharmapuri. https://www.mhc.tn.gov.in/judis Crl.O.P.No.23220 of 2025 2.The Inspector of Police, All Women Police Station, Dharmapuri, Dharmapuri District. 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis Crl.O.P.No.23220 of 2025 N. SATHISH KUMAR, J. mkn Crl.O.P.No.23220 of 2025 21.08.2025 https://www.mhc.tn.gov.in/judis