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Dhanalakshmi vs The State Represented By Its on 15 April, 2021

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Crl.OP.No.6767 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2021

CORAM:

THE HON’BLE MR.JUSTICE M.NIRMAL KUMAR

Crl.OP.No.6767 of 2021
Crl.MP.Nos.4131 4488 of 2021

1.Dhanalakshmi
2.Backiyam
3.Nesamani …
Petitioners

Versus

1.The State represented by its,
Inspector of Police,
Ammapet Police Station,
Salem City.
(Crime No.8 of 2020)

2.Hamritham … Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records relating to the impugned
FIR in Crime No.8 of 2020 dated 17.03.2020 on the file of the first
respondent police and quash the same.

For Petitioner : Mr.E.C.Ramesh

For R1 : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor

Page No.1 of 4

http://www.judis.nic.in
Crl.OP.No.6767 of 2021

ORDER

The petitioners who are the accused in Crime No.8 of 2020 for the

offences punishable under Section 498A of IPC and Section 4 of Dowry

Prohibition Act, 1961 have filed this quash petition.

2. It is found that the dispute between the petitioners and the

defacto complainant is a matrimonial dispute and the investigation in this

case has just commenced. Further, the points raised by the petitioners in

the grounds are to be looked into only during the investigation by the first

respondent police. The offences alleged against the petitioners would be

covered under Section 41A of the Cr.P.C. In view of the same, the

respondent police has to issue notice under Section 41(A) of Cr.P.C., to

the petitioners. The petitioners are directed to appear before the

respondent police and the Investigating Officer has to conduct the enquiry

by strictly following the procedures therein.

Page No.2 of 4

http://www.judis.nic.in
Crl.OP.No.6767 of 2021

3.In the result, this Criminal Original Petition is dismissed.

Consequently, connected miscellaneous petitions are closed.

15.04.2021

Index: Yes/No
Internet: Yes
Speaking/Non-Speaking Order

mbi

To

1.Inspector of Police,
Ammapet Police Station,
Salem City.

2.The Public Prosecutor,
Madras High Court,
Chennai.

Page No.3 of 4

http://www.judis.nic.in
Crl.OP.No.6767 of 2021

M.NIRMAL KUMAR, J.

mbi

Crl.OP.No.6767 of 2021
Crl.MP.Nos.4131 4488 of 2021

15.04.2021

Page No.4 of 4

http://www.judis.nic.in

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