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2026 DAILYLAW 44482 (MAD)

Jesudass Raja v. The State Rep. by Inspector of Police

CRL OP/16056/2026 · 2026-06-25

M Nirmal Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.16056 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.06.2026 CORAM THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl. O.P. No. 16056 of 2026 1.Jesudass Raja 2.Prince Naveen ... Petitioners Vs. The State Rep., by Inspector of Police, Aladi Police Station, Cuddalore District. ... Respondent Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to set aside docket order of the learned Sessions, Special Court for Exclusive Trial of Cases under POCSO Act in copy Application No.6737/02.08.2025 and direct him to issue charge sheet in Crime No.178 of 2021 to the petitioners. For Petitioners : Mr. B. Sundarapandiyan For Respondent : Mr. A. Amarnath, Counsel for Government of Tamil Nadu (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16056 of 2026 O R D E R This Criminal Original Petition has been filed to set aside the docket order passed by the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore, in Copy Application No.6737 dated 02.08.2025 and consequently direct the respondent to issue copies of the charge sheet in Crime No.178 of 2021 to the petitioners. 2. The petitioners who are arrayed as accused in Crime No.178 of 2021 registered for the offences under Sections 5(1), 6, 11 and 12 of the POCSO Act, filed a copy application seeking copies of the complaint, alteration report, statements recorded under Section 161 Cr.P.C., and the final report, by placing reliance on Rule 231 of the Criminal Rules of Practice. The said copy application was filed on 02.08.2025 but was returned on 06.08.2025. Aggrieved by the said return, the present petition has been filed. 3. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the case and that the requested documents are necessary to establish their innocence and to file appropriate petition. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16056 of 2026 3.1. He was further submitted that the petitioners had earlier filed a quash petition in Crl.O.P.No.8231 of 2025, wherein the respondent police informed this Court that the investigation had been completed and the final report had already been filed before the Special Court for Exclusive Trial of Cases under the POCSO Act, Cuddalore. Recording the said submission, the quash petition was dismissed on 20.03.2025. Thereafter, the petitioner filed a copy application on 07.04.2025, which was returned on 09.04.2025 on the ground that the charge sheet had not been filed. Subsequently, the petitioners filed another quash petition in Crl.O.P.No.21825 of 2025, wherein the respondent police once again submitted that the final report had already been filed before the Special Court. Recording the said submission, the quash petition was dismissed on 29.07.2025. Thereafter the present copy application was filed, which has also been returned. 4. The learned Government Advocate for the respondent on instructions from Mr. G. Rajasekar, HC356, submitted that the charge sheet has already been filed and that no deficiency memo has been issued by the Special Court. He further submitted that the charge sheet is complete in all 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16056 of 2026 respects and that, to the knowledge of the respondent police, there is no reason as to why the charge has not yet been taken on file. 5. In view of the above, the Special Court for Exclusive Trial of Cases under the POCSO Act, Cuddalore, is directed to consider the charge sheet already filed by the respondent and if it is otherwise in order, take the same on file within a period of two weeks from the date of receipt of a copy of this order. Upon the charge sheet being taken on file, the petitioners to resubmit the copy application. 6. With the above directions, this Criminal Original Petition is disposed of. 25.06.2026 Neutral Citation: Yes/No AT Note: The Registry is directed to return the original returned copy application to the learned counsel for the petitioners. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16056 of 2026 To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore. 2.The Inspector of Police, Aladi Police Station, Cuddalore District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16056 of 2026 M.NIRMAL KUMAR, J. AT Crl. O.P. No. 16056 of 2026 25.06.2026 6/6 https://www.mhc.tn.gov.in/judis