D.Sandeep v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.23757 of 2025 D.Sandeep

...Petitioner

Vs.

1.

The State Rep. by Inspector of Police, All Women Police Station, Thudiyalur, Coimbatore.

2.

S.Manju Sree

...Respondents

Petition filed under Section 528 of BNSS, 2023, to call for records in C.C.No.423 of 2025 on the file of Additional Mahila Judge (Magistrate Level) Judicial Magistrate Alandur, Chennai and quash the same. For Petitioner : Mr.P.Chandrasekar For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side) for R1 Mr.N.Chandran for R2 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings against the petitioner in C.C.No.423 of 2025 pending on the file of the Additional Mahila Judge (Magistrate Level) Judicial Magistrate, Alandur, in connection with the case in Crime No.32 of 2021 registered based on the complaint given by the de facto complainant, who is the wife of the petitioner, for the offences under Sections 498(A) and 506(ii) of IPC, 1860 and Section 4 of the Dowry Prohibition Act against the petitioner / husband and her in-laws.

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

3. The main contention of the petitioner is that no material evidence had been placed before the Investigation Officer against him and except for the statements of the witnesses, no specific allegation has been made. Hence, the petitioner seeks to quash the charge sheet filed against him.

4. Since the statements of the witnesses incriminate the petitioner, the 2/5

veracity of the matter can be tested only during trial. In such view of the matter, this Court cannot conduct a roving enquiry while exercising its jurisdiction under section 482 Cr.P.C./528 BNSS. Therefore, I do not find any merits to quash the proceedings. However, it is left open to the petitioner to raise all his defence before the trial Court and the trial Court shall consider the same on its own merits and in accordance with law.

5. At this juncture, the learned counsel for the petitioner sought indulgence of this Court to dispense with the personal appearance of the petitioner.

6. Accordingly, the criminal original petition stands dismissed. However, on filing necessary application before the trial Court, the personal appearance of the petitioner before the trial Court may be dispensed with, except for receipt of copies, answering of charges, questioning under Section 313 Cr.P.C., passing of judgment, or any other date as may be specifically required by the trial Court. Consequently, connected miscellaneous petition stands closed.

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rap NCC : Yes/No A.D.JAGADISH CHANDIRA, J.

rap To:

1.

The Inspector of Police, All Women Police Station, Thudiyalur, Coimbatore.

2.

The Public Prosecutor, High Court, Madras.

3.

The Additional Mahila Judge (Magistrate Level) Judicial Magistrate Alandur, Chennai 4/5

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