Xxxxx v. The Investigating Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Xxxxx Father of Victim XXXX, XXXX.

..Petitioner(s) Vs

1. The Investigating Officer Rep by The Investigating Officer in FIR 17 of 2025, Inspector General of Police - North Zone, 119/3, Karuneegar St.Ramapuram, Military Quarters, Alandur,

2. The Inspector of Police AWPS Pallavaram, Tambaram District.

3. Siva S/o Kamal, Mayana Street, Jameen, Pallavaram,

4. Karthik S/o Mani, MES Road, Lakshmi Nagar, 4th Street, East Tambaram.

(4th respondent name amended as per the order of this court dated 24.03.2026 in Crl.MP.No.1889 of 2026 in Crl.OP.No.785 of

2026)

5. Dixon Arokia Melvin S/o Alexander, No.24, Mariyamman Kovil 2nd Cross Street, ESA Pallavaram,

6. Ajay S/o Logeshkumar, No.20, MES road, Mothilal Nagar, East tambaram,

7. Sanjay S/o Santhosh, No.12, Lakshmi Nagar, MES Road, Mothilal Nagar, East Tambaram,

8. Sanjay S/o Dasarathan, NO.13, Lakshmi Nagar, Prathana Veethi, Tambaram,

9. Surya Vijay S/o Sanmugam, No.22/17, Thiruvallurvar 3rd Street, Lakshmi Nagar, Mudichur, 10.Yogaraj S/o Kumar, No.10, 1st Street, Lakshmi Nagar, East Tambaram,

11.Nantha Kumar S/o Natha Gopal, No.16,MS Road, Lakshmi Nagar, East Tambaram, ..Respondent(s) To direct transfer of the proceedings in Spl.S.C.no.186 of 2025 arising of Crime No.17 of 2025 dated 07.05.2025 on the file of the AWPS Pallavaram before the Ld.Sessions Judge, POCSO Court, Chengalpattu to the Ld.Sessions judge, Special Court for Exclusive Trial of cases under POCSO act, For Petitioner(s):

M/s.Deepika Murali Anila R Nivea S.R K.Harinarayanan For Respondent(s):

Mr.R.Rajasekaran Counsel for Government of Tamil Nadu for R1 and R2 Mr.E.Kannadasan for R8 and R11 Order This Criminal Original Petition has been filed by the petitioner, who is the father of the victim girl, seeking to transfer the proceedings pending on the file of the POCSO Court, Chengalpattu to the learned Sessions judge, Special Court for Exclusive Trial of cases under POCSO Act, Chennai.

2.

The contention of the petitioner is that initially a case in Crime No.17 of 2025 was registered by the All Women Police Station, Pallavaram, and thereafter, on completion of investigation, a charge sheet was filed against the accused persons in S.C. No.186 of 2025 before the POCSO Court, Chengalpattu.

3.

The learned counsel for the petitioner submitted that the victim is residing and studying in Chennai and that she was subjected to repeated assault at the age of 12. The case is now pending before the POCSO Court, Chengalpattu, at the stage of trial. Since the POCSO Court, Chengalpattu, does not possess adequate child-friendly infrastructure as envisaged under the Act, and has no separate waiting area and entry points for child witnesses, the petitioner seeks this Court to transfer the proceedings to the POCSO Court, Chennai. Hence, the present petition.

4.

The learned Government Counsel submitted that he has no serious objection to transfer the case from Chengalpattu to Chennai, considering the fact that the child is studying in Chennai and the accused are resident of Tambaram and surrounding area and most witness are also from Tambaram area, it would be convenient and better for the case to be tried in POCSO Court,

Notices have been served on respondents 3 to 11 and proof thereof has been produced before this Court.

6.

The learned counsel appearing for respondents 8 and 11 submitted that he has no serious objection to transfer the case from Chengalpattu to 7.

Since there is no representation for respondents 3 to 7, 9 and 10, despite service of notice, they have no serious objection to transfer the case from the POCSO Court, Chengalpattu, to the POCSO Court, Chennai. It is further seen that respondents 3 to 7, 9 and 10 are residing in and around Tambaram, which is nearer to the POCSO Court, Chennai, and therefore, it will be convenient for them to appear before the POCSO Court, Chennai. 8.

In view of the same, the proceedings in Spl SC No.186 of 2025 are transferred from the POCSO Court, Chengalpattu to the learned Sessions judge, Special Court for Exclusive Trial of cases under POCSO Act, Chennai. The case records to be transmitted without delay and the POCSO Court, Chennai shall give preference and complete the trial without delay. No costs. 24-06-2026 Index: Yes/No Speaking/Non-speaking order RKA

To

1. The Investigating Officer Rep by The Investigating Officer in FIR 17 of 2025, Inspector General of Police - North Zone, 119/3, Karuneegar St.Ramapuram, Military Quarters, Alandur,

2. The Inspector of Police AWPS Pallavaram, Tambaram District.

3. The POCSO Court, Chengalpattu

4. The learned Sessions judge, Special Court for Exclusive Trial of cases under POCSO Act, Chennai

M.NIRMAL KUMAR J.

RKA 24-06-2026