Meenakshi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Meenakshi ..Petitioner(s) Vs

1. The Superintendent of Police, Kallakurichi District, Kallakurichi- 606 202.

2. The Deputy Superintendent of Police, SH 137, Sandapet, Sandhapettai, Thirukoilur, Tamil Nadu - 605 766.

3. The Inspector of Police, All women Police Station, Sandhapettai, Thirukoilur, Tamil Nadu - 605 766.

(Cr. No:12/2026)

4. The Director, Forensic Science Department, Kamarajar Salai, Mylapore, Chennai - 600 004.

..Respondent(s)

PRAYER: This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the 1st to 3rd respondent to take immediate steps to conduct a DNA Paternity Test on petitioner's husband (Accused) and the victim's fetus in Cr. No.12 of 2026 and forward the same to the 4th respondent for analysis and to file the report before the concerned Trial Court withina time frame fixed by this Court. For Petitioner(s):

Ms.Akalya Nathan For Respondent(s):

Mr. LEONARD ARUL JOSEPH SELVAM ADDITIONAL PUBLIC PROSECUTOR

ORDER

The Writ Petition has been filed seeking a direction to respondents 1 to 3 to take immediate steps to conduct a DNA paternity test on the petitioner's husband (accused) and the fetus of the victim in Crime No.12 of 2026, and to forward the samples to the fourth respondent for analysis, and thereafter to file the report before the concerned Trial Court within a time frame to be fixed by this Court.

2. According to the learned counsel for the petitioner, the petitioner's husband was arrested and remanded to judicial custody on 24.02.2026 for the alleged offences under Sections 137(2) and 351(2) of the Bharatiya Nyaya Sanhita (BNS) and Sections 3, 4, 5(j)(ii), and 6 of the POCSO Act, 2012. The

prosecution case is primarily based on the allegation that the minor victim was found to be two months pregnant at the time of lodging the complaint on 24.02.2026. The petitioner asserts that her husband is not the reason or cause for the victim's pregnancy. It is further stated that the case has been registered solely on the strength of the minor victim who was found to be pregnant.

3. The learned Additional Public Prosecutor appearing for the respondents submitted that steps already taken to collect FTA card, samples will be collected, forwarded for DNA paternity test. It is further submitted that the entire process can be completed within a period of one (1) month.

4. Recording the above submission, this Writ Petition stands disposed of, with a direction that the entire process shall be completed within a period of one

(1) month.

28.04.2026 Index: Yes/No Speaking/Non-speaking order RKP

M. NIRMAL KUMAR.J., To

1. The Superintendent of Police, Kallakurichi District, Kallakurichi- 606 202.

2. The Deputy Superintendent of Police, SH 137, Sandapet, Sandhapettai, Thirukoilur, Tamil Nadu - 605 766.

3. The Inspector of Police, All women Police Station, Sandhapettai, Thirukoilur, Tamil Nadu - 605 766.

(Cr. No:12/2026)

4. The Director, Forensic Science Department, Kamarajar Salai, Mylapore, Chennai - 600 004.

5. The Public Prosecutor, Madras High Court, Madras.

28.04.2026