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T.Ramesh vs State on 20 February, 2020

Crl.O.P.25562 of 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2020

CORAM:

THE HON’BLE MR.JUSTICE P.VELMURUGAN

Crl.O.P.No.25562 of 2014
and M.P.No.1 of 2014
—-

1.T.Ramesh
2.Rajaammal
3.R.Uma
4.T.Mathaiyan
5.Shanthi ..Petitioners

Vs

1.State
rep. by Inspector of Police
All Women Police Station
Ammapet, Salem
Crime No.2/2013

2.R.Prema ..Respondents

Prayer: Crl.O.P., filed under Section 482 of Cr.P.C., praying to call for

records in C.C.No.3 of 2014 on the file of learned Additional Mahila

(Magisterial Level) Court, Salem and Salem District and quash the

same.

For Petitioner :Mr.C.D.Johnson

For Respondents : Mr.R.Surya Prakash, G.A.(Crl.Side) for R1
Mr.S.Jayaseelan for R2.

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Crl.O.P.25562 of 2014

ORDER

The 1st respondent registered a case against the petitioners based

on the complaint given by the 2nd respondent in Crime No.2 of 2013 for

the offence under Sections 498A, 506(ii) IPC and Section 4 of Dowry

Prohibition Act. The 1st respondent, after investigation, filed a charge

sheet before Additional Mahila Court (Magisterial Level), Salem. The

charge sheet was taken on file in C.C.No.3 of 2014. During the

pendency of the said C.C.No.3 of 2014, on the file of Additional Mahila

Court (Magisterial Level), Salem, the accused have filed the present

petition before this court under section 482 of Cr.P.C., to quash the

complaint.

2. The learned counsel for the petitioners would submit that

only in order to harass the petitioners, the 2nd respondent has filed a

case against the petitioners before the 1st respondent. The 1st

respondent, without enquiry and examination of witnesses, filed charge

sheet. The learned Magistrate, also failed to consider that there is no

prima facie evidence and there is no allegation made as against the

petitioners to take cognizance. Therefore, the complaint has to be

quashed.

3. The learned Government Advocate (Criminal Side) appearing

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Crl.O.P.25562 of 2014

for the 1st respondent would submit that in view of the order of stay

granted by this court, they could not proceed further with the

investigation.

4. Heard both sides and perused the materials available on record.

5. On careful perusal of the report filed by the 1st respondent

under Section 173 Cr.P.C, shows that prima facie there is allegation

against the petitioners and the investigation also reveals that all the

petitioners are involved in the offence. Therefore, under these

circumstances, this court is not inclined to quash the case in C.C.No.3 of

2014 pending on the file of Additional Mahila Court [Magisterial Level],

Salem, against the petitioners. However, the petitioners are at liberty to

take their defence before the trial court.

6. The Criminal Original Petition is dismissed on the above

observation. Consequently, connected Miscellaneous Petition is closed.

20.02.2020
nvsri

P.VELMURUGAN, J.

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Crl.O.P.25562 of 2014

nvsri

To

1.The Additional Mahila (Magisterial Level) Court, Salem,

Salem District.

2.The Section Officer, Criminal Section, High Court, Madras.

Crl.O.P.No.25562 of 2014

20.02.2020

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