Saraswathi v. Muniyan

ORDER The present Criminal Original Petition is filed to direct the learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Tiruvannamalai, to dispose of the case in Spl. S.C.No.79 of 2024 within a stipulated time.

¶2The petitioner is the de-facto complainant and on whose complaint, a case in Crime No.15 of 2023 for the offences under Sections 376(2)(n), and 506(ii) of IPC and Section 5(j)(ii), 5(l) r/w. 6(l) of the POCSO Act was Page2 of 4 registered. On completion of investigation, a charge sheet for the offences under Section 506(ii) of IPC and Sections 5(l), 5(j)(ii) r/w. 6(1) of the POCSO Act was filed in Spl.S.C.No.79 of 2024 on the file of the learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Tiruvannamalai, listing L.W-1 to L.W-22. According to the petitioner, the petitioner, the victim and other witness were examined as P.W-1 to P.W-3 on

18.11.2025 and thereafter, for cross-examination of P.W-4 and P.W-5 the case was adjourned to 24.03.2026. There are totally 22 witnesses in this case and the case is moving at a snails pace and hence, this Petition has been filed.

¶3Mr.Leonard Arul Joseph Selvam, learned Additional Public Prosecutor appearing for the Police submitted that in this case, summons have been served. In this case, so far, 5 witnesses have been examined; three have been cross-examined; P.W-4 and P.W-5 have to be cross-examined and for further witnesses, request for summon have been given and summons have been served only on 06.03.2026. On that day, witnesses were produced and on the subsequent hearing dates, without any delay, witnesses would be produced.

¶4Considering the aforesaid submission of the learned Additional Public Prosecutor, it is seen that the prosecution has now taken earnest steps to produce the witnesses and so far, five witnesses have been examined and the rest of the witnesses the prosecution undertakes to produce them within a period Page3 of 4 of six months and complete the trial. Accordingly, the learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Tiruvannamalai, is directed to give preference to the case in Spl. S.C.No.79 of 2024 and complete the trial preferably within a period of six months from the date of receipt of a copy of this order. This six months period is only an outer limit.

¶5With the above direction, this Criminal Original Petition is disposed of. 12-03-2026 Index: Yes/No Speaking/Non-speaking order SRM To The Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Tiruvannamalai. CRLoOPoNo.o6029oofo2026 M.NIRMALoKUMAR,oJ. SRM CRLoOPoNo.o6029oofo2026 12-03-2026 Page4oofo4oo

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-03-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Saraswathi ..Petitioner Vs Muniyan ..Respondent PRAYER: The Criminal Original Petition is filed under Section 528 of BNSS, 2023, praying to dispose of Spl. S.C.No.79 of 2024 on the file of Sessions Court, Special Court for Exclusive trial of cases under POCSO Act, Tiruvannamalai as expeditiously as possible within a stipulated time. For Petitioner : Mr.V.Arunkumar