M.Govindarajulu v. The State Rep.By Inspector of Police,

ORDER This Criminal Original Petition has been filed by the petitioner to direct the trial Court to dispose of the case in Spl.SC.No.22 of 2025 on the file of the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri within a stipulated time that may be fixed by this Court.

¶2When the matter came up before this Court on 15.07.2025, this Court had noted that the charge sheet had been filed on 03.12.2023 itself, however, the same was taken on file by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, only in the year 2025. Therefore, this Court by order dated

15.07.2025, had directed the Registry to call for reasons along with a status report and the matter was ordered to be listed on 29.07.2025.

¶3Accordingly, the learned Session Judge has filed a report date

18.07.2025 stating the reasons for the delay in taking the charge sheet on file, as follows: "I submit that, as per the reference cited above, Crime No.67/2023, AWPS, Hosur Police Station, Krishnagiri District, Charge Sheet dated

23.12.2023 filed online before this Court through e-filing portal only on 23.02.2024 by its LTN No.20230001519C0202400003, the same is returned by this Court on 29.02.2024 for the following reasons; "Signature of the Spl P.P not signed in the Draft Final Report. Surety details not mention in the Charge sheet. 161 of statement to be upload sequentially Ex.(L.W.1 to etc.)". I further submit that, again the same is resubniitted through e-filling only on 10.02.2025 and returned by this Court on 04.03.2025 for the following reasons; "1. Correct Court name to be noted in Final Report.

¶2U/s.164 CrPC statement not willing, confession, study certificate requisition and certificates, letter to CWC and JM No.2, Hosur, Seizure Mahazar ADP opinion to be noted in list of document.

¶3Seizure Mahazar not uploaded in Online.

¶4U/s.161 CrPC of LW3 dated

21.08.2023 uploaded and enclosed are differ.

¶5Victims unwilling letter for U/s. 164 CrPC statement not found with charge sheet to be clarified.

¶6In U/s.164 CrPC witness F/o, D/o, S/o to be noted also their name to be noted.

¶7LW5 to LW7 statements and Memo of evidence witnesses would speak are differ.

¶8LW9 addresses to be noted.

¶9In list of document for LW13 noted as further statement, but did not found any further statement of LW13 to be clarified.

¶10Victims study certificate requisition letter not enclosed with charge sheet also not uploaded in online.

¶11In letter to CWC and Judicial Magistrate No.2, Hosur, Victims name to be verified". I further submit that, again the same is resubmitted through e-filling only on 12.03.2025 and again returned by this Court on 25.03.2025 for the following reasons; "1. Correct Court name to be noted in Final Report.

¶2Victims unwilling letter for U/s.164 CrPC statement not found with charge sheet to be clarified.

¶3In U/s.164 CrPC witness F/o, D/o, S/o to be noted also their name to be noted.

¶4LW4 Memo of evidence witnesses would speak to be corrected.

¶5LW9 address to be noted.

¶6In letter to CWC and Judicial Magistrate No.2, Hosur, Victims name to be verified.

¶7Resubmitted requisition letter crime number noted is wrong". I further submit that, again the same is resubmitted through e-filling only on 31.03.2025 and again returned by this Court on 02.04.2025 for the following reasons; "CWC letter enclosed with resubmitted letter and uploaded is differ". I further submit that, the same is rectified on the same day i.e, on 02.04.2025 and numbered as Spl.S.C.No22/2025 on 02.04.2025. This submitted for your Honours kind persusal."

¶4It is seen from the above report that the original charge sheet filed by the respondent police through e-filing was not in a proper format and therefore, the same had been returned by the learned Sessions Judge. However, the respondent police had not re-presented the same in a proper format with all particulars and it had been filed with several defects. Therefore, the same had been returned by the learned Sessions Judge for more than thrice. Finally, on

02.04.2025, the charge sheet has been re-presented after rectifying all the defects and the same has been taken on file by the learned Sessions Judge on

02.04.2025.

¶5In view of the above, the Director General of Police and the Commissioner of Police, George Town, Chennai are directed to give directions to all the Investigating Offices / Stations House Officers that the charge sheets have to be filed without any defects at once as much as possible.

¶6Further, the Registrar General is directed to give directions to all the Magistrates/Specials Judges that they should scrutinize the charge sheets carefully and to take the same on file without any delay within a reasonable time. In case the charge sheet is filed with defects, all the defects should be pointed out at once. Neither the police nor the Magistrates return/re-present the charge sheet in a piecemeal manner.

¶7Insofar as the present case is concerned, the learned Sessions Judge is directed to dispose of the case in Spl.SC.No.22 of 2025 within the time frame as prescribed under Section 35 of POCSO Act.

¶8With the above directions, this Criminal Original Petiton is disposed of.

29.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 Note: Registrar General is directed to forward the copy of this order to the Director General of Police and Commissioner of Police for strict compliace. To

¶1The Sessions Judge, Fast Track Mahila Court, Krishnagiri

¶2Inspector of Police All Women Police Station Hosur Police Station Krishnagiri District

¶3The Public Prosecutor High Court of Madras, Chennai. Copy to: The Registrar General High Court of Madras, Chennai P.VELMURUGAN,J. Ksa-2

29.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.07.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN M Govindarajulu ... Petitioner Vs. 1. The State Rep. by Inspector of Police All Women Police Station Hosur Police Station, Krishnagiri District (In Crime No.67 of 2023) 2. J. Raguraman ... Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS to issue suitable direction, directing the trial Court to dispose of the case in Spl.SC.No.22 of 2025 on the file of the learned Sessions Judge, Fast Track Mahila Court of Krishnagiri within a stipulated time that may be fixed by this Court. For Petitioner : Mr.S.Bharanidharan For 1st Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side)