Inbanathan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No. 1199 of 2025 and Crl.M.P.no.14398 of 2025 Inbanathan .....
Petitioner Vs The State rep. By The Inspector of Police, Sathuvachari Police Station, Vellore District.
Crime No.92 of 2017 .....
Respondent PRAYER: Criminal Revision Case is filed under Section 438(1) & 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in connection with Crl.M.P.No.755 of 2024 in S.C.No.143 of 2018 pending on the file of the learned Court of Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Vellore, Vellore District and set aside the order dated 08.07.2025. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
This Criminal Revision Case has been filed challenging the order dated 08.07.2025 passed in Crl.M.P.No.755 of 2024 in S.C.No.143 of 2018 on
the file of the Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Vellore District, thereby dismissing the petition filed by the petitioner under Section 293 of Cr.P.C, Section 45A of the Indian Evidence Act and Section 79-A of Information Technology Act, 2000, seeking to send the mobile phone of the deceased to ascertain the genuineness and truthfulness of the dates of recording in that mobile and also to give certificate to that effect.
2. The petitioner is arrayed as A1 for the charges under Sections 498(A), 304(B) and 302 of IPC. He got married with the deceased on 01.12.2016. Thereafter, the deceased died by hanging herself at the matrimonial home on 26.03.2017. Initially, an FIR was registered under Section 174 of Cr.P.C. Subsequently, a final report was filed for the offences under Sections 498(A), 304(B) and 302 of IPC. The prosecution had examined all the witnesses. During the examination of the petitioner as D.W.1, he filed a petition seeking to send the mobile phone of the deceased to find out the genuineness and truthfulness of the dates of recording in that mobile phone and also to obtain a certificate regarding the same.
3. Heard the learned counsel appearing on either side and perused the materials available on record.
4. A perusal of the records reveals that the voice call recordings pertain to the period from 30.11.2016 to 20.12.2016. The marriage between the petitioner and the deceased was solemized on 01.12.2016. Thereafter, the deceased died on 26.03.2017 at her matrimonial home. Therefore, sending the mobile phone for certification to ascertain the genuineness and truthfulness of said recordings would serve no useful purpose, since there are no messages or call records proximate to the date of death that would attract the offence of abetment to commit suicide.
5. That apart, as per the postmortem report, the deceased had sustained external injuries prior to the death. Further, the occurrence took place in the year 2017 and the final report was filed in the year 2018. For the past seven years, the petitioner kept quite and only after being examined as a defence witness, he filed the present petition. Therefore, it is nothing but to drag the trial proceedings and the Trial Court rightly dismissed the petition.
6. In view of the above, this Court finds no infirmity or illegality in the order dated 08.07.2025 passed in Crl.M.P.No.755 of 2024 in S.C.No.143 of 2018 on the file of the Sessions Judge, Magalir Neethi Mandram (Fast Track
Mahila Court), Vellore District. Accordingly, this Criminal Revision stands dismissed. Consequently, connected miscellaneous petition is closed. 23.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To
1. The Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Vellore, Vellore District 2.The Inspector of Police, Sathuvachari Police Station, Vellore District.
3. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
Lpp Crl.R.C.No. 1199 of 2025 23.07.2025