Kiruthika v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Kiruthika D/o Jeganathan, Karnesan Street, Trichy Main Road, Ulundurpettai, Villupuram District.
..Petitioner(s) Vs
1. The Inspector of Police AWPS Ulundurpet, Ulundurpet, Villupuram District Cr.No.41/2025.
2. Dhavasi Anbarasan S/o Murugavel, Visur Village, Panruti Taluk, Cuddalore District.
..Respondent(s) PRAYER: This criminal original petition filed under Section 528 of BNSS, 2023, to direct the transfer of investigation in Cr.No.41 of 2025 from the 1st respondent to the CB-CID, CBI or any other independent agency deemed fit by this Hon'ble Court, thereby rendering it imperative that a fair, independent, and meticulous investigation be conducted by an impartial agency insulated from local pressures, in the interest of justice and for the protection of the minor victim, pass such other and further orders as this Hon'ble Court. For Petitioner(s):
Mr.P.Mohan Lal For Respondent(s):
Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor For R1
ORDER
The criminal original petition has been filed to direct the transfer of investigation in Cr.No.41 of 2025 from the 1st respondent to the CB-CID, CBI or any other independent agency.
2.The petitioner as defacto complainant lodged a complaint and a case in crime No.41 of 2025 registered on 22.08.2025 for offences under Sections 296(b) and 115 of BNS, 2023 and Sections 9 Prohibition of Child Marriage Act, 2006, and Sections 5(l) and 6 of Protection of Child from Sexual offences Act, 2012.
3.The contention of the petitioner is that though a time line has been given in the Act to conclude the investigation and to file a final report within a stipulated period, in this case, so far the respondent police not filed any charge sheet.
4.The learned Additional Public Prosecutor submitted that in this case, investigation completed and charge sheet filed before the Special Court, Kallakurichi, through e-filing No.LTN 2022000240C202600012 on 29.01.2026. He further submitted that there is no objection memo issued to the respondent police seeking for any clarification .
5.In view of the above, the trial Court is directed to take charge sheet on file immediately, within a period of two weeks from the date of receipt of a copy of this order and take it on file and issue summons to the accused, proceed with the trial, record the evidence of the witnesses and complete the trial within a period of one month by diligently following Section 35 of the POCSO Act. Accordingly, the criminal original petition is disposed of. 28-04-2026 Index: Yes/No Speaking/Non-speaking order sms To
1. The Inspector of Police AWPS Ulundurpet, Ulundurpet, Villupuram District Cr.No.41/2025.
2. The Public Prosecutor High Court, Madras.
M.NIRMAL KUMAR, J.
sms 28-04-2026