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Madras High CourtCRL RC/847/2025dismissed

S.Vivek v. The State Rep By

2025-06-20Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2025

CORAM:

THE HONOURABLE Dr. JUSTICE G.K.ILANTHIRAIYAN

1. S.Vivek

2. S.Vasanthamani

3. K.S.Vidyaprabha ... Petitioners

Versus

1. State by The Inspector of Police, All Woman Police Station (Central) Coimbatore - 641034. (Crime No.35 of 2019)

2. Dhivya ... Respondents Prayer: Criminal Revision Case filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S) 2023, to call for the records in Crl.M.P.No.11071 of 2023 in C.C No.1114 of 2022 and set aside the order dated 06.05.2025 passed by the learned Judicial Magistrate, Additional Mahila Court, Coimbatore and discharge the Petitioners. For Petitioner :

Mr. V.Vijayakumar For Respondent :

Mr. A. Gopinath Government Advocate (Crl.Side) 1/5

ORDER

This revision has been filed against the order passed in Crl.M.P.No.11071 of 2023 in C.C.No.1114 of 2022 dated 06.05.2025 on the file of the learned Judicial Magistrate, Additional Mahila Court, Coimbatore, dismissing the petition filed by the petitioners. 2.

The learned counsel for the petitioners submitted that the petitioners are arrayed as A1, A2 and A4 in C.C.No.1114 of 2022 for the charges under Sections 498(A), 294(b), 323, 355 and 506(i) of IPC., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. The accused/A3 is deceased. The entire allegations are false; in fact the mother-in-law of the defacto complainant already lodged a complaint, and the same was registered by the respondent police for the offence under Sections 294(b), 323 and 506(1) of IPC. Subsequently, it was closed as 'Mistake of fact'. After four days, the present complaint has been lodged by the de-facto complainant without any alleged occurrence taking place, and the allegations are false.

2/5

3.

Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondent and also perused the materials available on record.

4.

On perusal of the record, the statement recorded from the victim/defacto complainant under Section 161(3) of Cr.P.C., revealed that there are several allegations against the petitioners herein. The charges under Sections 498A, 294b, 323, 355 and 506(i) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, were filed in the final report. 5.

The Trial Court rightly dismissed the petition filed to discharge the petitioners, as the statements of P.W.1 and others support the allegations. Therefore, this Court does not find any illegality or infirmity in the order dated 06.05.2025 made in Crl.M.P.No.11071 of 2023 in C.C No.1114 of 2022 passed by the learned Judicial Magistrate, Additional Mahila Court, Coimbatore, and the same is hereby confirmed. 6.

However, the appearance of the second and third petitioners before the Trial Court, is hereby dispensed with. 3/5

7.

Accordingly, the Criminal Revision is dismissed. However, this Court directs the Trial Court to complete the trial within a period of six months from the date of receipt of a copy of this order. 20.06.2025 Index: Yes/No Speaking / Non Speaking Order Neutral Case Citation : Yes/No klt To 1.The Judicial Magistrate, Additional Mahila Court, Coimbatore. 2.The Inspector of Police, All Woman Police Station (Central), Coimbatore - 641034. (Crime No.35 of 2019) 3.The Public Prosecutor, High Court, Madras. 4/5

G.K.ILANTHIRAIYAN, J.

klt 20.06.2025 5/5