CRL OP No. 18848 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 18848 of 2026 and CRL.MP.No.12540 of 2026 Vinoth @ Vinothkumar ..Petitioner(s) Vs State rep by the Inspector of Police AWPS, Gingee, Crime No.40 of 2023. ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 528 of BNSS, praying to set aside the order dated 05.05.2026 made in Crl.M.P.No.1229 of 2025 in Spl.S.C.No.60 of 2024 on the file of the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Villupuram by allowing this Criminal Origianl Petition and thus render Justice. For Petitioner(s): Mr.C.Munusamy (Through VIDEO CONFERENCING) For Respondent(s): Mr.R.Rajasekaran, Government Advocate (Crl. Side) ORDER The Criminal Original Petition is filed challenging the order dated 05.05.2026 made in Crl.M.P.No.1229 of 2025 in Spl.S.C.No.60 of 2024. __________ Page1 of 4 https://www.mhc.tn.gov.in/judis CRL OP No. 18848 of 2026 2. When the petitioner filed recall application to recall PW1, the victim child for cross examination, the same was dismissed by the Trial Court. This issue has already been dealt with in detail by this Court in Crl.O.P.No.16742 of 2026, dated 01.07.2026. 3. In view thereof, taking the primacy of the protection of the child in mind and the best interest of the victim in mind, and the mandate of Section 33(5) of the POCSO Act, the Trial Court has rightly rejected the petition and finding no merits, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 17-07-2026 Neutral Citation: No PVS __________ Page2 of 4 https://www.mhc.tn.gov.in/judis CRL OP No. 18848 of 2026 To 1. The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Villupuram 2. The Inspector of Police AWPS, Gingee, Crime No.40 of 2023. 3. The Public Prosecutor, High Court, Madras __________ Page3 of 4 https://www.mhc.tn.gov.in/judis CRL OP No. 18848 of 2026 D.BHARATHA CHAKRAVARTHY, J. PVS CRL OP No. 18848 of 2026 17-07-2026 __________ Page4 of 4 https://www.mhc.tn.gov.in/judis