Kaleeswaran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.9164 of 2025 and Crl MP(MD)Nos.6668 and 6669 of 2025 1.Kaleeswaran 2.Gurusamy 3.Jothi @ Vishwajothi 4.Sobhiya ... Petitioners Vs 1.The State of Tamil Nadu rep by The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

2.Sahana ... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, to call for the records in connection with the impugned charge sheet in CC.No.305 of 2024 dated 22.08.2024 on the file of the learned Judicial Magistrate No.I, Dindigul District and quash the same.

For Petitioners : Mr.D.Selvanayagam For R1 : Mr.AS.Abul Kalam Azad Government Advocate (Crl. Side) 1/5

ORDER

The petitioners have filed this criminal original petition challenging the final report filed in CC.No.305 of 2024 pending on the file of the Judicial Magistrate No.I, Dindigul. 2.The learned Counsel for the petitioners submits that the case in Crime No.366 of 2023 has been registered for the offence under Sections 498(A) , 294(b) and 506(i) of IPC. There is a possibility of compromise. There is no specific allegations as against the petitioners. The said case has been registered without getting a report from the Social Welfare Officer. The petitioners have lodged the complaint as against the defacto complainant and the same is still pending. Therefore, the proceedings against the petitioners have to be quashed.

3.The learned Government Advocate (Crl Side) appearing for the respondent police submits that there are specific allegations in 2/5

the final report. The 2nd petitioner has abused the defacto complainant. The case of the complainant is by projecting that the 1st petitioner is working in central government, they have cheated her and they have also demanded dowry.

4.This Court considered the rival submissions made. 5.The Statute does not prescribe that the complaint can be registered only after obtaining the report from the Social Welfare Officer. Though the petitioners have raised several grounds, this Court is of the opinion that it can be appreciated only during the trial, as it is a matter for trial. Therefore, this Court is not inclined to entertain this petition and accordingly, this Criminal Original Petition is dismissed with liberty to the petitioners to raise all these grounds before the trial Court, during trial. Consequently, connected miscellaneous petitions are closed.

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To 1.The Judicial Magistrate No.I, Dindigul.

2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

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

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B.PUGALENDHI, J.

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