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2026 Supreme(Online)(Mad) 37256

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
Ilayaraja – Appellant
Versus
State Represented by The Inspector of Police, Polur All Women Police Station – Respondent


Advocates:
For the Appellants/Petitioners: Mr. R.P. Ruban Chackravarthi
For the Respondents: Mr. Leonard Arul Joseph Selvam, Additional Public Prosecutor

Table of Content
1. petition to set aside dismissal of recall for pw2 cross-examination. (Para 1 , 2)
2. accused illness prevented cross-examining victim's mother. (Para 3 , 4)
3. s.35(2) pocso inapplicable to non-victim witness. (Para 5 , 6)
4. order set aside; recall pw2 with costs. (Para 7 , 8)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.04.2026 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and Crl. M.P. No. 7089 of 2026 Ilayaraja ... Petitioner vs.

State Represented by The Inspector of Police, Polur All Women Police Station.

Crime No.49 of 2025 ... Respondent Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and set aside the order dated 16.03.2026 made in Crl.M.P.No.312 of 2026 in Spl.S.C.No.279 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvannamalai and consequently, permit the petitioner to cross-examine PW2/Victim’s mother.

For Petitioner : Mr. R.P. Ruban Chackravarthi For Respondent : Mr. Leonard Arul Joseph Selvam, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records and set aside the order dated

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