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2026 Supreme(Online)(Mad) 18162

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
K.Vetriselvan – Appellant
Versus
State of Tamilnadu Rep by The Inspector of Police, Nalattinpudur Police Station, Thoothukkudi District – Respondent


Advocates:
For the Appellants/Petitioners: Mr.M.Maria Vinola
For the Respondents:Mr.B.Thanga Aravindh Government Advocate (Crl.Side)

Table of Content
1. recalls and dismissals of cross-examination applications (Para 2 , 3 , 4)
2. court's observations on abuse of legal process (Para 5)
3. effective handling of procedural matters (Para 6)

ORDER

The present petition has been filed seeking to set aside the order passed by the learned Sessions Judge (FAC), Special Court for Exclusive Trial of cases under POCSO Act, Thoothukudi in Crl.M.P.No.8 of 2026 in Spl.S.C.No.33 of 2020, dated 06.02.2026, wherein, an application presented by the petitioner under Section 311 of Cr.P.C. to recall P.W.1 for cross examination, has been dismissed. 2. The petitioner herein is the accused in Spl.S.C.No.33 of 2020, wherein, he has been charged under Sections 5(1)(j)(ii)(t) r/w. 6 of POCSO Act and Sections 452, 506(i) of IPC.

3. The victim girl was examined in chief on 31.05.2022 and she was not cross examined on the same day. Thereafter, the petitioner has filed a petition in Cr.M.P.No.220 of 2024 under Section 311 of Cr.P.C. and the same was allowed on 22.11.2024 on condition that the petitioner should deposit a sum of Rs.10,000/- to the victim girl on her appearance. Due to default, the said petition came to be dismissed automatically.

4.

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