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CDJ 2026 MHC 2470 print Preview print Next print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P.(MD)No. 7238 of 2026 & W.M.P(MD)Nos. 5938 & 5939 of 2026
Judges: THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR & THE HONOURABLE MR. JUSTICE M. JOTHIRAMAN
Parties : K. Mareeshwari Versus The State of Tamilnadu, Rep by the Secretary to Government, Chennai & Others
Appearing Advocates : For the Petitioner: E. Mareeskumar, Advocate. For the Respondents: R1, M. Ajmal Khan, Additional Advocate General-I Assisted by S.P. Maharajan, Special Government Pleader, R2 to R4 & R7, M. Ajmal Khan, Additional Advocate General-I Assisted by R.M. Anbunithi, Additional Public Prosecutor, R5 & R6, M. Mohideen Basha, Special Public Prosecutor, R8 to R10, N. Dilip Kumar, Advocate.
Date of Judgment : 02-04-2026
Head Note :-
Constitution of India - Article 226 -
Summary :-
Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Sections 103(1), 104 and 127 of the Bharatiya Nyaya Sanhita
- Sections 5(l), 5(h), 5(j)(iv) and 5(t) of the POCSO Act
- Section 6 of the POCSO Act

Catch Words:
Transfer of Investigation, CBI, Special Investigation Team, Mandamus, Victim Compensation, Disciplinary Proceedings, Special Public Prosecutor

Summary:
The petitioner sought a writ of mandamus to transfer the murder investigation of a 17‑year‑old girl to the CBI, constitute a SIT under court supervision, appoint a retired judge to monitor the case, and direct additional compensation under the Victim Compensation Scheme. The court noted that the investigation was complete, with the accused arrested based on CCTV and DNA evidence, and a final report filed under the Bharatiya Nyaya Sanhita and POCSO Act. Accordingly, no transfer was ordered; instead, the trial court was directed to expedite the trial, award further compensation of Rs.10,00,000, file a supplementary charge sheet within 15 days, initiate disciplinary action against negligent police, and appoint a Special Public Prosecutor. The petition was disposed of with no costs, and related petitions were closed.

Conclusion:
Petition Dismissed
Judgment :-

For the Petitioner: E. Mareeskumar, Advocate. For the Respondents: R1, M. Ajmal Khan, Additional Advocate General-I Assisted by S.P. Maharajan, Special Government Pleader, R2 to R4 & R7, M. Ajmal Khan, Additional Advocate General-I Assisted by R.M. Anbunithi, Additional Public Prosecutor, R5 & R6, M. Mohideen Basha, Special Public Prosecutor, R8 to R10, N. Dilip Kumar, Advocate.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, a) To transfer the investigation relating to the brutal murder of a 17-year old minor girl in Crime No. 118 of 2026 on the file of the 7th Respondent to the Central Bureau of Investigation (CBI). b) To constitutes a Special Investigation Team (SIT) under the supervision of this Honble Court to conduct a fair and impartial investigation and appoint a Retired Judge of this Honble court to monitor the above said case. c) To direct the State Government to pay appropriate compensation to the Victim Compensation Scheme.)

N. Sathish Kumar, J.

1. The petitioner has filed the present writ petition seeking transfer of the investigation relating to the brutal murder of a 17-year-old minor girl in Crime No.118 of 2026 on the file of the seventh respondent to the Central Bureau of Investigation (CBI), and for the constitution of a Special Investigation Team (SIT) under the supervision of this Hon’ble Court to conduct a fair and impartial investigation. The petitioner has also sought for the appointment of a retired Judge of this Court to monitor the said case. Consequently, the petitioner seeks a direction to the State Government to pay appropriate compensation under the Victim Compensation Scheme.

2. Today, when the matter was taken up for hearing, the third respondent filed a status report. It is revealed that, after completion of the investigation, the accused was arrested with the aid of CCTV footage and DNA analysis. It is further stated that, after examining as many as 461 suspects, the DNA sample matched with that of the accused, leading to his arrest. A final report has also been filed under Sections 103(1), 104 and 127 of the Bharatiya Nyaya Sanhita, read with Sections 5(l), 5(h), 5(j)(iv) and 5(t) of the POCSO Act, read with Section 6 of the POCSO Act. In such circumstances, no further orders are necessary for transfer of the investigation.

3. In view of the above, the learned Sessions Judge (FAC), Special Court for Exclusive Trial of Cases under the POCSO Act, Tuticorin, is directed to expedite the trial and dispose of the same within the time frame mandated under the POCSO Act.

4. It is stated that the State Government has already paid a sum of Rs.5,00,000/- as victim compensation to the victim’s family.

5. Considering the grave nature of the offence perpetrated against the minor girl, the Court is of the view that the State Government shall provide further compensation of Rs.10,00,000/- as a special case. Apart from this, the trial Court shall determine appropriate victim compensation at the time of pronouncement of judgment. The victim’s family is at liberty to approach the trial Court for assisting the prosecution.

6. The Investigating Officer submitted that a supplementary charge sheet will be filed within a period of fifteen days from today before the trial Court.

7. Recording the said submission, the Investigating Officer is directed to file the supplementary charge sheet before the trial Court within the said period, without any further delay.

8. It is also made clear that the State Government shall initiate disciplinary proceedings against the police officials who were negligent and derelict in their duties in not acting promptly upon the complaint given by the victim’s family.

9. It is further submitted by the learned Additional Advocate General-I that a proposal has already been made to appoint a Special Public Prosecutor to conduct the trial. In view of the same, the State Government is directed to appoint a Special Public Prosecutor for conducting the trial within a period of one week.

10. With the above observations and directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

 
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