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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Vigneshwaran – Appellant
Versus
State of Tamilnadu, Rep by the Inspector of Police, G.Vilakku Police Station, Theni District – Respondent
| Table of Content |
|---|
| 1. background of failed cross-examination and trial court rejection. (Para 2) |
| 2. petitioner's counsel inconvenience justification. (Para 4) |
| 3. court grants one-time recall for justice. (Para 5) |
| 4. order set aside with strict single-day cross-examination. (Para 7) |
ORDER
The present petition has been filed by the sole accused in Spl.S.C.No.35 of 2025, on the file of the Special Court for exclusive trial of cases under POCSO Act, Theni, seeking to set aside the order passed under Section 348 of BNSS, wherein the request of the petitioner to recall PW1 and PW2 have been rejected.
2. A perusal of the records reveal that the petitioner is accused of offences under the POCSO Act. P.W.1 and P.W.2 were chief examined on 06.10.2025 and on the said date, they were not cross examined. The present application has been filed on 15.10.2025(on the next date of hearing) seeking to recall P.W.1 and P.W.2. This application has been rejected primarily by the trial Court on the ground that the Counsel being engaged before a different Court is not a ground for entertaining an application under Section 348 of BNSS.
3. The Court has further pointed out that there is a bar under Section 33(5) of
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