S. Nagamuthu, J.

The Government of Tamil Nadu, under G.O.Ms.No.217 dated 02.04.2013, sanctioned the constitution of 22 Fast Track Mahila Courts in 22 different districts in the cadre of Additional Sessions Judges to try the cases of offences against women. Subsequently, under G.O.Ms.No.514 dated 16.07.2013, 22 posts of Additional Sessions Judges were sanctioned, known as the Judges of the Fast Track Mahila Courts to preside over these 22 Courts. Thus, by constitution, these Fast Track Mahila Courts are presided over by Additional Sessions Judges. They exercise all the powers conferred upon them under the Code of Criminal Procedure as Additional Sessions Judges. These Fast Track Mahila Courts were later on specified to be the Special Courts under the Protection of Children from Sexual Offences, Act (for short the POCSO Act) under G.O.Ms.No.1087 dated 04.12.2013. Thus, these Additional Sessions Judges (Fast Track Mahila Courts) have been functioning as Special Courts under the POCSO Act.

2. While so, the Chief Judicial Magistrate, Dindigul, had written to the High Court seeking instructions as to whether the Judicial Magistrates have got the power to remand an accused involved in cases relating to the offences under POCSO Act and The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned Chief Judicial Magistrate was probably under the impression that in view of Section 28 of the POCSO Act, the Special Courts under the POCSO Act have got exclusive jurisdiction to deal with any case under the said Act including the power to remand an accused on being produced after arrest.

3. This Court, after having considered the said request, on the Administrative side, as per the view expressed by the Hon'ble Portfolio Judge, sent a communication in R.O.C. No. 640/2014/G4 dated 12.02.2016 wherein, this Court instructed as follows:-

“Sub: Courts Criminal Dindigul District Remand of Accused charged u/s 4 of the Protection of Children from Sexual Offences Act 2012 along with offences charged under IPC/Special Act Cases Instructions requested Issued.

Ref: Your letter in D.No.254/2014, dated 13.02.2014 forwarded by The Registrar (Administration), Madurai Bench of Madras High Court, Madurai, dated 21.02.2014.

.....

I am to invite kind attention to the reference cited and to state that the Registry has submitted a note to the Hon'ble Portfolio Judge in respect of instructions sought for regarding remand of the accused charged u/s of the Protection of Children from Sexual Offences Act 2012 along with offences charged under IPC or Special Act Cases and His Lordship has minuted as follows:-

“Upon arrest of the accused pursuant to registration of a case which involves or also involves an offence under The Protection of Children from Sexual Offences Act, 2012, the accused is to be produced before the jurisdictional Magistrate for purposes of remand. Upon completion of investigation, it is not necessary that the case be committed for trial by the Magistrate. The Special Court is empowered to take cognizance on a complaint or upon receipt of a final report. Once cognizance is taken by the Special court, powers of remand would lie therewith. In contradistinction to Section 36-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, exercise of powers of remand by the jurisdictional Magistrate is not restricted to an initial period of fifteen days and there is no requirement placed upon the Magistrate to forward the accused to the Special Court having jurisdiction. Nor is there any provision enabling the Special Court to exercise powers u/s 167 Cr.P.C. as in Section 36-A(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.”

The receipt of this letter is required to be acknowledged at once.”

4. As per the above Circular, the accused, on arrest, in connection with the offences under the POCSO Act shall be produced only before the Judicial Magistrate having territorial jurisdiction and the said Magistrate alone