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2026 DAILYLAW 52359 (MAD)

Harikrishnan v. The State Rep By, The Inspector of Police

CRL OP/18385/2026 · 2026-07-13

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18385 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 18385 of 2026 Harikrishnan S/o Arun, No.71, 2nd Street, Natesan Nagar, Ayapakkam, Tiruverkadu, Tiruvallur. ..Petitioner(s) Vs 1. The State Rep By, The Inspector of Police AWPS, SRMC, Tiruvallur. Crime No.11 of 2026 2. Amutha W/o Mahesh, No.31, Natesan Nagar, SKDJ School Backside, Tiruverkaru, Chennai. ..Respondent(s) Prayer: This petition is filed under section 528 of BNSS 2023. to call for the records pending on the file of the 1st respondent police in Crime No.11 of 2026 and quash the Criminal Proceeding and pass such further or other orders. For Petitioner(s): Mr. E.Kannadasan For Respondent(s): Mr.M.Mohamed Riyaz, Government Advocate ( Crl side) https://www.mhc.tn.gov.in/judis CRL OP No. 18385 of 2026 __________ Page2 of 4 ORDER This Criminal Original petition is to quash the FIR registered for the offences under section 10 r/w 7,8,9 (m) of POCSO Act, 2012. The allegations as contained in the FIR is that the petitioner is a maternal uncle of victim child and he has made bad touches on the child. 2. The learned counsel for the petitioner would submit that the occurrence happened in the year 2025. Thereafter between the date of occurrence and registration of FIR there were serious property disputes between the parties and only to settle the score with reference to civil dispute, the complaint is suddenly lodged in the year 2026, as if the girl very belatedly revealed the incident to her mother. 3. I have considered the said submissions made by either side and perused the material records of the case. 4. Certainly the period of delay and the civil disputes in between is a matter of grave concern, the same shall be appropriately and dispassionately considered by the investigating Officer . But in this case since an allegation of bad touch is made in the FIR and the child has also made a statement under https://www.mhc.tn.gov.in/judis CRL OP No. 18385 of 2026 __________ Page3 of 4 Section 164 of Cr.P.C confirming the bad touches. The allegations with reference to abuse or with an ulterior motive of taking away the civil property are all have to gone into at the appropriate stage. If the petitioner so choses he can also bring to the notice of the investigating Officer any such material, if he wants. Therefore, keeping open the liberty of the petitioner to contest at the appropriate stage, the FIR itself cannot be interfered and as such the Criminal Original Petition stands disposed of. 13-07-2026 Neutral Citation: Yes/No SMN To. 1.The Inspector of Police AWPS,SRMC, Tiruvallur. 2. The Public Prosecutor, High Court, Madras https://www.mhc.tn.gov.in/judis CRL OP No. 18385 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. SMN CRL OP No. 18385 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis