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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