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2026 Supreme(Online)(Mad) 25846

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
Purushothaman – Appellant
Versus
State Rep.by, The Inspector of Police, Vellore All Women Police Station, Vellore District. Cr.No.19/2025. – Respondent


Advocates:
For Petitioner(s): Mr.T.Saravanan
For Respondent(s): Mr.Leonard Arul Joseph Selvam, Addl. Public Prosecutor

Table of Content
1. prosecution defends trial court's victim protection. (Para 4)
2. no exceptional ground overrides pocso recall bar. (Para 5 , 6)
3. petition dismissed; no interference warranted. (Para 7)

ORDER

This Criminal Original Petition has been filed seeking to quash the order passed by the Special Court for Exclusive Trial of Cases under POCSO Act - 2012, Vellore, Vellore District, in Crl.M.P.No.41 of 2026 in Spl.S.C.No.146 of

2026 dated 20.02.2026.

2. The petitioner/accused, who is facing trial in Spl.S.C.No.146 of

2026 for the offences under Sections 9(m) and 10 of the POCSO Act, had earlier filed a petition seeking recall of P.W.2/victim girl. The said petition came to be dismissed by the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Vellore, in Crl.M.P.No.41 of 2026, dated 20.02.2026. 3. The contention of the petitioner is that the chief examination of P.W.1 to P.W.3 was conducted on 12.01.2026. P.W.1 is the mother of the victim, P.W.2 is the victim and P.W.3 is the father of the victim. On the said date, the learned counsel for the petitioner was engaged before another Court and therefore, could not cross-examine P.W.1 to P.W.3. Thereafter, the petitio

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