R.Sarswathi v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN R.Saraswathi ... Petitioner Vs.

State rep.by its The Inspector of Police, All Women Police Station, Krishnagiri, Krishnagiri District, Crime No.25 of 2025.

... Respondent Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to direct the respondent to investigate the matter expeditiously and file the final report in Crime No.25 of 2025 on file with the respondent at All Women Police Station, Krishnagiri, Krishnagiri District, in accordance with law.

For Petitioner : Mr.P.Kalimuthu BL. For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

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Seeking to expedite the investigation in Crime No.25 of 2025 pending on the file of the respondent-Police and file a final report within a stipulated period of time, the petitioner has come up with this petition.

2. The petitioner is the de-facto complainant and also mother of the victim, on whose complaint, the respondent-Police registered a case in Crime No.25 of 2025 for the offences punishable under Sections 7 and 8 of POCSO Act against Siva (A1) and Vijay (A2). However, the respondent-Police have not completed the investigation and had not filed the final report, so far, and hence, the present petition is filed by the petitioner.

3. When the matter was taken up for hearing on 30.06.2025, this Court directed the respondent-Police to file a status report on 03.07.2025.

4. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent-Police filed a status report stating that the respondent-Police have investigated the case in a free, fair and impartial manner and also took their sincere 2/5

and effective steps to secure the accused persons. He further submitted that the respondent-Police would complete the investigation and file the charge sheet as early as possible.

5. On a perusal of the status report, it is seen that one of the accused i.e., A1 has not yet been secured and A2 had already involved in other case in Crime No.9 of 2024. The scope and object of the Protection of Children from Sexual Offences Act, 2012 [hereafter referred to as 'POCSO Act' ] is very clear that as per Section 35 (2) of POCSO Act, POCSO cases should be disposed of within a period of one year after the offences are taken cognizance of by the Court, which includes the investigation and trial process. However, the Police did not give any importance to conduct the investigation in POCSO cases and they are conducting the investigation in a lethargic manner, which is highly condemnable.

6. Therefore, the respondent-Police is directed to expedite the investigation in Crime No.25 of 2025 and file a final report as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order.

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7. With the above direction, the Criminal Original Petition stands disposed of.

03.07.2025 Index : Yes/No Speaking Order : Yes/No ms To 1.

The The Inspector of Police, All Women Police Station, Krishnagiri, Krishnagiri District.

2.

The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 03.07.2025 5/5