Sudha Vs The State of Tamilnadu

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.

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For Petitioner : Mr.R.Venkatesan For R1 & R2 : Mr.E.Antony Sahaya Prabahar Addl. Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.13588 of 2025

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ORDER

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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.

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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.

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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

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Crl.O.P.(MD)No.13588 of 2025

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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.

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