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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
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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.
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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.
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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
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