Mohanapriya v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN & Crl.M.P.No.7543 of 2024

1. Mohanapriya.

... Petitioner/Defacto Complainant /versus/

1. State by:

The Inspector of Police, All Women Police Station, Puducherry.

... Respondent/Complainant

2. Muthukuran.

3. Saraswathy.

4. Kabilar.

5. Vanaja.

6. Vijayakumar.

7. Yoga @ Yogachiddan.

8. Ramana @ Ramanan.

9. Mohana.

10. Mahalingam.

... 2nd to 10th Respondent/Accused (1 to 9) Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records with regard to the final report fined in C.C.No.818 of 2023 pending on the file of the Hon'ble Chief Judicial Magistrate, Puducherry and set aside the same and direct the 1st respondent to conduct further investigation in Crime No.1 of 2021 on his file and file a final report afresh. 1/4

For Petitioner : No appearance For Respondents : Mr.K.S.Mohan Dass, Public Prosecutor, Puducherry.

Assisted by Ms.N.Danalatchamy.

O R D E R

This Criminal Original Petition is filed by the defacto complainant to conduct further investigation in Crime No.1 of 2021 which has culminated in taking cognizance of the final report in C.C.No.818 of 2023.

2. Today, there is no representation for the petitioner.

3. The Learned Public Prosecutor (Puducherry) for the 1st respondent has filed counter stating that why further investigation is not required. The course of investigation done by the prosecution been elaborately narrated in the counter affidavit filed by the 1st respondent.

4. From the counter affidavit, this Court finds that the Investigating Officer has visited the SOC, obtained statement of witnesses and got the report of the Dowry Prohibition Officer and thereafter, had altered the charges and filed final report under Section 294(b), 354(b), 498(A), 506(ii) I.P.C, 509 I.P.C 2/4

r/w 34 of I.P.C. The specific charges under Section 3 of Dowry Prohibition Act been dropped in view of the report given by the Dowry Prohibition Officer.

5. This Court finds that the final report is consonance with the Statement of the Dowry Prohibition Officer and therefore, allegation of the petitioner that the statements of L.W.1, L.W.4 & L.W.5 were not properly recorded has no significance. Hence, the ground for further investigation does not arise. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected M.P is closed.

12.07.2024 Index : Yes/No.

bsm To:-

1. The Chief Judicial Magistrate, Puducherry.

2. The Inspector of Police, All Women Police Station, Puducherry.

3. The Public Prosecutor, High Court, Madras. 3/4

Dr.G.JAYACHANDRAN, J.

bsm & Crl.M.P.No.7543 of 2024 12.07.2024 4/4