Madras High CourtCRL OP(MD)/7091/2018dismissed

M. Haja Mohideen v. The Inspector Of Police

2018-04-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.7091 of 2018 and Crl.M.P.(MD)No.3388 of 2018 1.Haja Mohideen 2.Benazir Banu ... Petitioners/Accused 4&5 Vs.

1.The State, Rep by the Inspector of Police, All Women Police Station, Tenkasi, Tirunelveli District.

...1st Respondent/Complainant 2.A.Benazir ...2nd Respondent/Defacto Complainant Prayer : Petition filed under Section 482 Cr.P.C. to call for the records of the FIR in Cr.No.21 of 2017 on the file of the 2nd respondent and quash the same in respect of the petitioners. For Petitioner : Mr.M.Mohamed Sherbudeen For Respondent-1 : Mr.Prabu Ramachandran, Government Advocate(Crl.side) For Respondent-2 : No Appearance

ORDER

The petitioners are the in-laws of the de facto complainant. The de facto complainant has lodged the impugned First Information Report alleging the commission of offence under Sections 294(b), 498(A), 494, 106 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 4 of Dowry Prohibition Act, 1961.

2.The names of the petitioners are very much figuring in the impugned First Information Report. The learned counsel for the petitioners would submit that the petitioners are residing in Chennai and the de facto complainant resides in Tirunelveli https://hcservices.ecourts.gov.in/hcservices/

District. It is a matter for investigation and only at the end of the investigation, it will be known whether the petitioners have committed offences and hence, pre-mature interference is not necessary at this stage.

3.Accordingly, this Criminal Original petition is dismissed. Consequently, connected Crl.M.P. is closed.

sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar gns/cp To 1.The Inspector of Police, All Women Police Station, Tenkasi, Tirunelveli District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.M.Mohamed Sherbudeen,Advocate in SR.No.64698 GJM/MMS/SAR-I-28.5.18-2P-4C Crl.O.P.(MD)No.7091 of 2018 27.04.2018 https://hcservices.ecourts.gov.in/hcservices/