CRL OP No. 18880 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 18880 of 2 026 and Crl.MP.No.12561 of 2026 Dhurvasalu ..Petitioner(s) Vs State rep. by The Inspector of Police, Panamadangi Police Station, Vellore District. Crime No.54/2025 ..Respondent(s) PRAYER: This criminal original petition filed under Section 528 of BNSS to call for the records and set aside the order dated 05-06-2026 passed in Crl.M.P.No.477 of 2026 in Spl.S.C.No.5 of 2026 on the file of the learned Special Judge to deal with cases related to POCSO Act, Vellore and pass such further or other orders which this Hon’ble Court may deem fit and proper in the circumstances of the above case and thus render justice. For Petitioner(s): Mr.N.K.PONRAJ For Respondent(s): MR.R.RAJASEKARAN COUNSEL FOR GOVERNMENT OF TAMIL NADU (CRIMINAL SIDE) ORDER The prayer made in this criminal original petition is to call for the records relating to Crl.M.P.No.477 of 2026 in Spl.S.C.No.5 of 2026 dated 05.06.2026 by the said order, the trial Court has dismissed the request of the petitioner to https://www.mhc.tn.gov.in/judis CRL OP No. 18880 of 2026 __________ Page2 of 4 recall PW1. It can be seen that PW1 is a victim child. As such, the trial Court has refused to recall the said witness for cross examination. 2.The learned counsel for the petitioner would submit that on the said day, there was inconvenience for the counsel and no cross examination is done and serious allegations are made against the accused and unless an opportunity is granted, the accused would be put to grave prejudice. This issue has already been dealt with by this Court in Crl.O.P.No.16742 of 2026 dated 01/07/2026. It must be seen that the primary intention in such cases is the protection of the child and recalling the victim witness over and again would amount to secondary victimization and is not permitted and should not be resorted to and Section 33(5) of POCSO Act also mandates that the child should not be repeatedly recalled for the purpose of adducing the evidence. 3.In view thereof, the trial Court has rightly rejected the request of the petitioner, finding no merit in it. The Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 17-07-2026 Neutral Citation: Yes/No sms https://www.mhc.tn.gov.in/judis CRL OP No. 18880 of 2026 __________ Page3 of 4 To 1. Learned Special Judge to deal with cases related to POCSO Act, Vellore. 2.The Inspector of Police, Panamadangi Police Station, Vellore District. 3.The Public prosecutor High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18880 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. sms CRL OP No. 18880 of 2026 17-07-2026 https://www.mhc.tn.gov.in/judis