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2026 DAILYLAW 58455 (MAD)

Mathankumar v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Vilathikulam

CRL OP(MD)/15537/2026 · 2026-07-28

R Vijayakumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.OP(MD) No.15537 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.15537 of 2026 and Crl.MP(MD) No.15041 of 2026 Mathankumar ... Petitioner Vs 1. State of Tamilnadu Rep by Inspector of Police, AWPS-Vilathikulam, Thoothukudi District-625 001 Crime No.6/2025. 2. Xxxx ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS., to call for the records relating to the Crime No.6/2025 on the file of the first respondent and quash the First Information Report in Crime No.6/2026 in so far as the petitioner is concerned. For Petitioner : Mr.Gowtham For Respondents : Mr.B.Arun Government Advocate (Crl.Side) for R1 1/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.15537 of 2026 ORDER The present petition has been filed by the sole accused in Cr.No.6 of 2026 on the file of the respondent police, seeking to quash the FIR, wherein, the petitioner is alleged to have committed offences under Sections 9(f), 10, 7 and 8 of POCSO Act, 2012. 2.According to the learned counsel appearing for the petitioner, in this case final report has been filed by the first respondent police and they have closed the same as 'Referred Charge Sheet' (RCS). However, the defacto complainant has filed a protest petition in Crl.M.P.No.139 of 2026. The same has been filed with false facts only to extract money and therefore, the petitioner seeks to quash the FIR. 3.Heard the learned counsel appearing for the petitioner and perused the materials available on record. 4.As far as the final report filed by the first respondent police is concerned, it is under challenge before the concerned Court by way of a protest petition. It is for the concerned Court to take up a decision on merits, whether to allow the protest petition or not. 2/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.15537 of 2026 5.In such circumstances, this Court cannot quash the FIR, especially, when already RCS report has been filed by the first respondent police. It is open to the petitioner to raise all these submissions before the concerned Court in the protest petition. 6.With the aforesaid observations, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed. 28.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No PNM To 1.The Inspector of Police, AWPS-Vilathikulam, Thoothukudi District-625 001 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.15537 of 2026 R.VIJAYAKUMAR , J. PNM ORDER MADE IN Crl.OP.(MD)No.15537 of 2026 and Crl.MP(MD) No.15041 of 2026 28.07.2026 4/4 https://www.mhc.tn.gov.in/judis