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CDJ 2025 MHC 6787 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : Crl. R.C. (MD) No. 1474 of 2025
Judges: THE HONOURABLE MR. JUSTICE SHAMIM AHMED
Parties : Ravisankar Versus The State of Tamil Nadu, Represented by, The Inspector of Police, AWPS Police Station, Kovilpatti, Thoothukudi
Appearing Advocates : For the Petitioner: S. Pradeep for B. Arun, Advocates. For the Respondent: A.S. Abul Kalam Azad, Government Advocate.
Date of Judgment : 26-11-2025
Head Note :-
BNSS, 2023 - Section 438 r/w Section 442 -
Judgment :-

(Prayer: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to set aside and call for the entire records pertaining to the order passed by the learned Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi in Crl.M.P.No.228 of 2024, vide order dated 29.09.2025 and connection with the case in Spl.S.C.No.120 of 2022 on the learned Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi.)

1. Heard Mr.S.Pradeep, learned Counsel for Mr.B.Arun, learned Counsel for the Revision Petitioner and Mr.A.S.Abul Kalam Azad, learned Government Advocate for the Respondent.

2. This Criminal Revision Petition has been filed by the Revision Petitioner to set aside order passed by the learned Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi in Crl.M.P.No. 228 of 2024, vide order dated 29.09.2025 and connection with the case in Spl.S.C.No.120 of 2022 on the learned Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, whereby the application filed by the Revision Petitioner seeking to issue summons to the witness, viz., the District Collector, Tuticorin, was dismissed by the Trial Court.

3. Mr.S.Pradeep, learned counsel for the Revision Petitioner submits that a case was registered against the Revision Petitioner in Kovilpatti All Women Police Station in Crime No.24 of 2022 for the offences under Sections 341, 452, 506(ii) IPC and 7, 8, 9 (n), 9(1), 10 of POCSO Act, 2012 on 20.08.2022. After completion of a detailed and elaborate investigation, a final report was filed before the learned Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi and the same was taken on file in Spl.S.C.No.120 of 2022 and the case was posted for defence side evidence.

4. The learned Counsel for the Revision Petitioner further submits that the Revision Petitioner filed a petition under Section 254(2) of the Cr.P.C. (corresponding to Section 254(2) of the BNSS) in M.P. No. 228 of 2024 in Spl. S.C. No. 120 of 2022 before the learned Special Court for Exclusive Trial of Cases under the POCSO Act, Thoothukudi, seeking issuance of summons to the witness, namely, the District Collector, Tuticorin. It was stated that it is necessary to mark the Goondas Proceedings initiated by the District Collector, Tuticorin, in H.S. (M) Confdl. No. 194/2022, dated 08.09.2022, on behalf of the Revision Petitioner/accused, and therefore, summons to the District Collector, Tuticorin, are required for marking the said document. The learned Special Court for Exclusive Trial of Cases under the POCSO Act, Thoothukudi, by order dated 29.09.2025, dismissed the said petition. Aggrieved by the said order, the present Criminal Revision Petition has been filed.

5. Mr.A.S.Abul Kalam Azad, learned Government Advocate for the Respondent, submits that the Revision Petitioner/Accused intends only to delay the proceedings. He further submits that the victim was about 12 years old and the Revision Petitioner/Accused was about 58 years old at the time of the occurrence. The Revision Petitioner/Accused has committed a grave offence in violation of the provisions of the Protection of Children from Sexual Offences Act and has acted in a manner prejudicial to public order. Therefore, the Revision Petitioner/Accused is a “sexual offender” as contemplated under Section 2(ggg) of the Tamil Nadu Act 14 of 1982.

6. The learned Government Advocate contended that in order to meet the ends of justice, the impugned order dated 29.09.2025 does not warrant any interference by this Court, as the Trial Court has rightly passed the impugned order. There is no illegality, impropriety, or perversity in the impugned order, nor does it reflect any abuse of the process of the Court. Thus, he prays this Court to dismiss the present Criminal Revision Petition.

7. I have considered the submission of the learned counsel for the Revision Petitioner and the learned Government Advocate for the Respondent and also perused the materials available on record.

8. On perusal of the order dated 29.09.2025 passed by the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi in M.P.No.228 of 2024 in Spl.S.C.No.120 of 2022, it appears that the application filed by the Revision Petitioner was intended merely to delay the proceedings pending before the Trial Court, which were at the stage of defence evidence. The accused/Revision Petitioner has neither stated any reason nor established the relevance of the Goondas proceedings initiated by the District Collector, Tuticorin, in H.S.(M) Confdl No. 194/2022, dated 08.09.2022, to the present case. The said Goondas proceedings are dated 08.09.2022, whereas the complaint pertaining to the present case was lodged on 20.08.2022, and the FIR was registered on the same day. The above dates clearly indicate that the document sought by the Revision Petitioner/accused is subsequent to the registration of the case under the POCSO Act. Thus, the Trial Court has rightly dismissed the application filed by the Revision Petitioner on the ground that there were no valid reasons to summon the District Collector or to establish the relevancy of the document sought to be summoned.

9. The learned counsel for the Revision Petitioner has not been able to point out any illegality, impropriety, or incorrectness in the impugned order that would persuade this Court to interfere with it. Therefore, I do not find any illegality in the order dated 29.09.2025 passed by the Trial Court, rejecting the application filed by the Revision Petitioner seeking to issue summons to the witnesses, namely the District Collector, Tuticorin.

10. In such circumstances to meet the ends of justice, the impugned order dated 29.09.2025 passed by the learned Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi in Crl.M.P.No.228 of 2024 in Spl.S.C.No.120 of 2022, does not require any interference. There is no illegality, impropriety and incorrectness in the impugned order and also there seems to be no abuse of Court's process.

11. In view of the above, the Criminal Revision Petition lacks merit and stands dismissed and the learned learned Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, is directed to proceed with the matter expeditiously and decide the case on its merits and in accordance with law.

12. The file is consigned to record. There is no order as to costs.

13. Let a copy of this order be sent by the Registry to the learned Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, within two weeks from today, for necessary compliance and information, to be kept in the file of the Trial Court record.

 
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