Ayyanar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P(MD)Nos. 6781 and 6782 of 2025 1.Ayyanar 2.Santhanam 3.Balaji ... Petitioners Vs.

1.The Sub Inspector of Police, AWPS, Nanguneri Police Station, Tirunelveli District.

2. Iswarya ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to call for the records pertaining to the impugned order in C.C.No.133 of 2020 on the file of the Judicial Magistrate, Nanguneri, Tirunelveli District and quash the same as far as the petitioner is concerned. For Petitioners : Mr. P. Bhaskar For R1 : Mr. A.S. Abdul Kalaam Azad Government Advocate(Crl.side) 1/5

ORDER

This criminal original petition has been filed to quash the charge sheet in C.C.No.133 of 2020 on the file of the learned Judicial Magistrate, Nanguneri, Tirunelveli District.

2.The case of the prosecution is that the first petitioner herein is the husband and the other petitioners are in-laws of the second respondent. After marriage, all the accused persons have harassed the second respondent by demanding additional dowry. Therefore, the second respondent lodged a complaint, based on which a case in Cr.No.8 of 2019 came to be registered. Upon completion of investigation, the first respondent has filed the final report, which was taken on file in C.C.No. 133 of 2020 by the learned Judicial Magistrate, Nanguneri, Tirunelveli District. Challenging the same, the petitioners filed the present petition. 3.The learned counsel appearing for the petitioners submits that the allegations levelled in FIR are baseless and the first respondent has also conducted the investigation and filed the final report mechanically. Accordingly, he prays to quash the impugned proceedings. 2/5

4.The learned Government Advocate(Crl.side) appearing for the first respondent submits that the grounds raised by the petitioners have to be appreciated only before the trial Court during the course of trial. Accordingly, he prays to dismiss the present petition. 5.This Court considered the rival submissions made on either side and perused the materials available in the records. 6.As rightly pointed out by the learned Government Advocate(Crl.side), the grounds raised in the present petition have to be appreciated only during the course of trial. Therefore, this Court is not inclined to entertain this petition. Accordingly, this criminal original petition is dismissed with liberty to the petitioners to raise all these grounds before the trial Court. Consequently, connected miscellaneous petitions are closed.

05.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns 3/5

To 1.The Judicial Magistrate, Nanguneri, Tirunelveli District.

2.The Sub Inspector of Police, AWPS, Nanguneri Police Station, Tirunelveli District.

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

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B.PUGALENDHI,J gns 05.06.2025 5/5