Sudha v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.13588 of 2025 Sudha ... Petitioner versus 1.State of Tamil Nadu, Rep. by the Superintendent of Police, O/o The Superintendent of Police, Madurai District, Madurai.

2.State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Melur, Madurai District.

(Crime No.6/2025)

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to issue a direction to withdraw the case in crime No.6 of 2025 dated 18.03.2025 on the file of the second respondent and entrust the same to any other competent officer for an investigation within the time stipulated by this court and file a final report before the concerned court. For Petitioner : Mr.R.Venkatesan For R1 & R2 : Mr.E.Antony Sahaya Prabahar Addl. Public Prosecutor 1/4

ORDER

The mother of the victim has filed the present petition seeking the transfer of the investigation in Crime No.6 of 2025, alleging that the respondent police have not conducted the investigation in a proper manner.

2. According to the learned counsel for the petitioner, Crime No.6 of 2025 has been registered for the offences under Sections 9(m) and 10 of the POCSO Act and Section 351(2) of the BNS. Referring to Section 193(2) of the BNSS, the learned counsel submits that the said provision mandates that the final report shall be filed within a stipulated time. However, the respondent police have not filed the final report. The learned counsel has further alleged that though a penetrative sexual assault was committed against the victim, the respondent police have failed to register the offence under Sections 9, 5(i) of the POCSO Act.

3. The learned Additional Public Prosecutor submits that the investigation in this case has already been completed and a final report was filed before the concerned Special Court for POCSO Act cases on 22.05.2025. Referring to the statement of the victim girl recorded under 2/4

Section 164 Cr.P.C., the learned Additional Public Prosecutor submits that the victim girl has not made any such allegations in her statement. According to the learned Additional Public Prosecutor, the investigation was conducted in a fair and proper manner, and the final report was filed on 22.05.2025 through e-filing before the Special Court for POCSO Act, Madurai.

4. Recording the said submission of the learned Additional Public Prosecutor, this criminal original petition is closed. 14.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The Superintendent of Police, O/o The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, All Women Police Station, Melur, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI, J.

skn Crl.OP(MD)No.13588 of 2025 14.08.2025 4/4