K SATHISHKUMAR Vs. STATE THROUGH INSPECTOR OF POLICE

JUDGEMENT

(1.) This criminal original petition has been filed seeking to withdraw the case in Spl.CC No.25 of 2018 on the file of the Principal District and Sessions Court, Ramanathapuram and transfer the case to any other Court.

(2.) The petitioner is arrayed as A-4. It is seen from records that the respondent Police have registered an FIR against six accused persons in Crime No.06 of 2018 for the alleged offence under Section 366 of IPC and Section 5(g), 6, 16, 17 of the Protection of Children From Sexual Offence Act, 201 The respondent Police after completion of the investigation, filed a final report before the Special Court and charges were framed against all the accused persons for the offence under Sections 366 and 366(A) of IPC and Section 5(g), 6, 16, and 17 of the POSCO Act. After framing of the charges, the case is at the stage of trial. At this point of time, the petitioner has filed this transfer application on the sole ground that the Special Judge, before whom the case is now pending for trial, had recorded 164 statement of the victim. The other ground that has been raised by the petitioner is that the Special Judge has also been shown as a witness in the list of witnesses filed along with the final report. Therefore, according to the petitioner, the Special Judge before whom the case is pending should not conduct the trial and the petitioner will not be able to get a fair justice before the learned Judge.

(3.) This Court had called for a report from the Principal District and Sessions Judge, Ramanathapuram, who is also a Special Judge, dealing with the offences under POCSO Act. The learned Judge, has submitted a report before this Court to the effect that the Special Judge is entitled to record the statement of the witness under Section 164 of CrPC in view of the judgment of this Court in Murugusamy Vs State, reported in,2017 3 MWN(Cri) 77. The learned Judge has also stated in the report that this Court has already directed the Court below to complete the proceedings within a period of three months and the case is at the stage of trial?