R.Nandha Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.9954 of 2022 and Crl.M.P.(MD).Nos.6264 & 12852 of 2022 1.R.Nantha Kumar 2.Rajappan 3.Jayalakshmi ... Petitioners Vs.

1.The State through The Inspector of Police, All Women Police Station, Tirunelveli Rural, Tirunelveli District.

(Crime No.2 of 2022) 2.Vinitha Kumari

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and quash the First Information Report in Crime No.2 of 2022 on the file of the Inspector of Police, All Women Police Station, Tirunelveli Rural, Tirunelveli District as against the petitioners herein.

For petitioners : Mr.Anandhapadmanabhan, Senior Counsel for Mr.K.Suyambulinga Bharathi 1/4

For R-1 : Mr.S.Manikandan, Government Advocate (Criminal Side) For R-2 : Mr.N.Mohideen Basha O RDER This petition has been filed seeking to quash the First Information Report in Crime No.2 of 2022 on the file of the first respondent Police, insofar as the petitioners are concerned.

2. The case of the prosecution is that there was a matrimonial dispute between the first petitioner and the second respondent / defacto complainant. Due to which, the petitioners herein had harassed the second respondent / defacto complainant. Hence, the second respondent / defacto complainant made a complaint before the first respondent Police and the first respondent Police has registered a case in Crime No.2 of 2022 for the alleged offence punishable under Section 4 of Dowry Prohibition Act r/w Sections 406 and 498(A) IPC.

3. The learned Senior counsel appearing for the petitioners would submit that this Court may grant permission to the petitioners to canvass all the points raised in this petition before the Investigating Officer at the time of investigation.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that the investigation is going on.

5. In view of the above, this Court without going into the merits of the case, directs the first respondent Police to conduct the investigation in Crime No.2 of 2022 and conclude the same within a period of twelve weeks from the date of receipt of a copy of this order. Liberty is granted to the petitioners to work out their remedy in the manner known to law.

6. With the above direction, the Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed. 21.02.2024 Index : Yes/No Internet : Yes/No TSG To

1. The Inspector of Police, All Women Police Station, Tirunelveli Rural, Tirunelveli District.

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

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M.DHANDAPANI. J.

TSG 21.02.2024 4/4