Madras High CourtCRL OP/23506/2025dismissed

Kishore v. State Rep. By

2025-08-26Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND CRL MP NO. 16040 OF 2025

1. Kishore S/o.Balasubramani, No.91/192-B-1, Sri Anandhanathan Nagar, Stone Cross Appartments, Mannivakkam, Kanjipuram, Now at Plot No.60A, Kanchikamatchi Nagar, Guduvancheri, Chennai.

Petitioner(s) Vs

1. State Rep. by The Inspector of Police, All Women Police Station North, Sundarapuram, Coimbatore City, Crime No.248 of 2.Harini D/o.SenthilKumar, D.No.5/19, Vadivu Nagar, Makkinampatti Post, Pollachi Taluk, Coimbatore District.

Respondent(s)

PRAYER : Petition filed under Section 528 of BNSS, to call for the entire records pertaining to the Crime No.248 of 2024 on the file of the Inspector of Police, All Women Police Station North, Sundarapuram, Coimbatore City, and quash the same and pass such further or other orders as may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.S.Palani For Respondents : Mr.R.Vinoth Raja, Govt. Advocate (Crl.Side) for R1

ORDER

This Petition has been filed to call for the entire records pertaining to the Crime No.248 of 2024 on the file of the Inspector of Police, All Women Police Station North, Sundarapuram, Coimbatore City, and quash the same.

2. The FIR is sought to be quashed on the ground that the victim has not given the complaint and the mother of the victim has only given the complaint. The allegation against the petitioner is that he had sexual intercourse with the minor girl and also threatened her, thereby causing aggravated sexual intercourse. Therefore, an FIR has been filed in Crime No.248 of 2024 for the offence under Sections 7, 8, 11(4), 12 of POCSO Act and Section 332(c) and 351(2) of BNSS, 2023.

3. The learned counsel for the petitioner would submit that on the date of the alleged occurrence, the petitioner was not present at the particular scene of occurrence and that he was in a different place.

4. All these allegations cannot be gone into at this stage. It is for the petitioner to make such a plea before the Trial Court and not before this Court. The mere allegation that the mother has given the complaint and not the victim cannot be a ground to quash the FIR.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 26-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes gsk To 1.State Rep. by The Inspector of Police, All Women Police Station North, Sundarapuram, Coimbatore City, Crime No.248 of 2.Harini D/o.SenthilKumar, D.No.5/19, Vadivu Nagar, Makkinampatti Post, Pollachi Taluk, Coimbatore District.

N.SATHISH KUMAR J.

gsk CRL OP No. 23506 of AND CRL MP NO.

16040 OF 2025 26-08-2025