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2025 DAILYLAW 180643 (MAD)

DURGA @ ANBUKKARASI v. The State rep by Inspector of Police,

CRL RC/1655/2025 · 2025-09-10

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL RC No. 1655 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-09-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL RC No. 1655 of 2025 AND CRL MP NO. 16874 OF 2025 1. Durga @ Anbukkarasi W/o. Anish, No.60, Nanthambakkam. Kuntrathur, Chennai. 2. Mariyammal @ Divya D/o. Murugesan, No.2/178/3, East Street, Naganallur, Koppampatti, Thiruchirapalli District. Petitioner(s) Vs 1. The State rep by Inspector of Police, K-10, Koyambedu Police station, Chennai-600107. Crime No.63/2024. Respondent(s) CRL RC No. 1655 of 2025 PRAYER To set aside the Impugned order in Crl.M.P.No.307 of 2025 in Spl.S.C.No.303 of 2024 on the file of the learned Special Sessions Judge for exclusive Trial of cases under POCSO Act at Chennai dated 10.07.2025 as illegal to secure the ends of justice and pass such further or other orders as this Court. CRL RC No. 1655 of 2025 For Petitioner(s): R.Thiyagu S. Saravanan Santhosh For Respondent(s): Dr.C.E. Pratap, Government Advocate (Crl. Side) https://www.mhc.tn.gov.in/judis CRL RC No. 1655 of 2025 JUDGEMENT This Criminal Revision Case has been filed to set aside the Impugned order in Crl.M.P.No.307 of 2025 in Spl.S.C.No.303 of 2024 on the file of the learned Special Sessions Judge for exclusive Trial of cases under POCSO Act at Chennai dated 10.07.2025. 2. The brief facts of the case: The complainant lodged a complaint against the respondent police alleging that the first petitioner has allowed her house to be used for brothel and second petitioner indulged the victim child in prostitution due to the continuous indulging of the victim child in prostitution, she became pregnant. There are four accused involved in this case. Based on the complainant the respondent police registered FIR in crime No. 63 of 2024 for the offence under Sections 6 r/w 17 of POCSO Act, 5(l), 3(2)(a) of ITP Act and Section 366(A) of IPC, 370 A (i) of IPC. Upon completion of investigation the respondent filed a final report and the same was taken on in in Spl.S.C.No.303 of 2024 on the file of the learned Special Sessions Judge for exclusive Trial of cases under POCSO Act at Chennai. Thereafter, the petitioners herein filed petitions under Section 250 of BNSS praying to discharge the petitioners from Spl.S.C. No. 303 of 2024. After considering the both sides submissions, the Trial Court dismissed the said petition by relying the ration laid down by the Honourable Supreme Court in a case State by SP through the SPE CBI Vs. Uttam Chand Bhora reported in https://www.mhc.tn.gov.in/judis CRL RC No. 1655 of 2025 2021 SCC Online SC 1208. Challenging the same, the petitioners filed this Criminal Revision Case. 3. Heard both sides. 4. On perusal of the records, in the statement recorded under Section 164 Cr.P.C, the victim girl stated that the first petitioner illegally detained the victim in her house and second petitioner/victim's child's mother friend indulged the victim in prostitution. The victim's statement is sufficient to frame charge against the petitioners which is rightly appreciated by the Trial Court which needs no interference. Liberty is granted to the petitioners to raise all defence before the Trial Court. Accordingly, this Criminal Revision Case is dismissed. Pending petition(s), if any, is/are closed. 10-09-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL RC No. 1655 of 2025 T.V.THAMILSELVI J. pbl CRL RC No. 1655 of 2025 AND CRL MP NO. 16874 OF 2025 10-09-2025 https://www.mhc.tn.gov.in/judis