P. SHANMUGAVEL RAJ Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS Criminal Revision Petition is filed against the order dated 24.10.2013 in Cri. M.P. No. 628 of 2013 in Special Case No. 3 of 2013 pending before the Sessions Court (Mahalir Neethimandram), Tirunelveli (FAC). The first accused Shanmugavel Raj in Special Case No. 3 of 2013 filed a petition Crl. M.P. No. 628 of 2013 before the trial Court contending that Tmt. B.R. Mehala who was acting as Special Public Prosecutor in the Court is not legally eligible or qualified to conduct cases in view of Section 32(1) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter would be referred to as POCSO Act). To appreciate the grievance of the revision petitioner, it may be relevant to briefly state the facts obtaining in this case.

(2.) MR . N. Mohideen Basha, learned counsel appearing for the revision petitioner drew the attention of this Court to Sections 31 and 32 of POCSO Act and reiterated his contention that Tmt. B.R. Mehala cannot be permitted to conduct the prosecution before the said Court. Tmt. B.R. Mehala, whose appointment is in question, got herself impleaded by filing M.P. (MD) No. 3 of 2013 which was ordered by this Court on 22.01.2014.

(3.) IT is the contention of Mr. N. Mohideen Basha, learned counsel appearing for the revision petitioner that Tmt. B.R. Mehala was not appointed as a Special Public Prosecutor by the State Government as required under Section 32(1) of the POCSO Act and therefore she cannot conduct the trial before the Special Court.