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N. Pandi vs The Sub-Inspector Of Police on 10 June, 2019

1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 10.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

CRL OP(MD).No. 6656 of 2019

and CRL MP(MD) No. 4476 of 2019

1. N. Pandi
2. M. Nagamalaiyan
3. N. Rajesh Kannan
4. M. Rajendran
5. Pounraj … Petitioners

Vs.

1. The Sub-Inspector of Police,
All Women Police Station,
Thirumangalam, Madurai District.
(Crime No.38 of 2018).

2. B. Vidhya … Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the
Cr.P.C., to call for the records pertaining to the above First
Information Report in Crime No.38 of 2018, on the file of the first
respondent police and quash the same.

http://www.judis.nic.in
2

For Petitioners : Mr.C. Gangai Amaran
For Respondent-1 : Mr.R. Suyambulinga Bharathi
Government Advocate (Crl. Side)

***

ORDER

This Criminal Original Petition has been filed to quash

the First Information Report in Crime No.38 of 2018.

2. The learned counsel for the petitioners would submit

that the petitioners are arrayed as Accused Nos.1 to 5 in Crime No.

38 of 2018 for the offences under Sections 498A, Section406, Section294(b)

Section506(i) of I.P.C. He would further submit that, earlier the 2nd

respondent has given a complaint against the petitioners before

the Tirumangalam Town Police Station and a case was registered

in Crime No.265 of 2018 on 05.06.2018. Now, once again, the

second respondent has given the present complaint for the same

set of facts before the 1st respondent police and hence, the same is

not maintainable.

3. Heard the learned Government Advocate (Criminal

Side).

http://www.judis.nic.in
3

4. On perusal of the First Information Report in Crime

No.265 of 2018, it is seen that, on 29.05.2018, the 1 st petitioner

trespassed into the house of the 2nd respondent/defacto

complainant, beated her and also abused her with filthy language.

Hence, the second respondent has given a complaint, based on the

which, a case was registered for the offence under Sections 294(b),

Section323, Section506(i) Section109 of I.P.C and Section 4 of Tamil Nadu Prohibition

of Women Harassment Act, 2002 against the petitioners. But, the

present complaint has been given on the ground that the

petitioners have demanded dowry and also threatened her with

dire consequences, which was registered in Crime No.38 of 2018

for the offences under Sections 498(A), Section406, Section294(b), Section506(i) of I.P.C.

Both the complaints are filed on different cause of action, not on

the same set of facts.

5. The complaint given by the second respondent

discloses the commission of cognizable offence and hence, there is

no reason to interfere with the First Information Report and to

quash the same. Hence, no merits in the Criminal Original

Petition.

http://www.judis.nic.in
4

V. BHARATHIDASAN, J.

ksa

6. In fine, the Criminal Original Petition stands

dismissed. Consequently, connected Miscellaneous Petition is

closed.

10.06.2019

Index : Yes/No
Internet : Yes/No
ksa

To
1. The Sub-Inspector of Police,
All Women Police Station,

Thirumangalam, Madurai District.

2. The Additional Public Prosecutor,
Madurai Bench of Madras High Corut,
Madurai.

CRL OP(MD).No. 6656 of 2019

http://www.judis.nic.in

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