Arun v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.7779 of 2024 1.Arun 2.Baskar 3.Latha ... Petitioners Vs.

1.The Inspector of Police, AWPS, Kadampur, Thoothukudi District.

Crime No.8 of 2022 2.Benziya Mary ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to call for the records relating to C.C.No.53 of 2024 on the file of the District Munsif cum Judicial Magistrate Court, Ottapidaram, Thoothukudi District and quash the same.

For Petitioners : Mr.Aayiram K.Selvakumar For R1 : Mr.A.S.Abul Kalaam Azad, Government Advocate(Crl.side) 1/5

ORDER

The petitioners, who are A1 to A3 in C.C.No.53 of 2024 on the file of the District Munsif cum Judicial Magistrate Court, Ottapidaram, Thoothukudi District, have filed this petition to quash the said proceedings.

2.The first petitioner and the second respondent are husband and wife. The case of the prosecution is that the petitioners have harassed the second respondent by demanding additional dowry. Therefore, she lodged a complaint, based on which, a case in Cr.No.8 of 2022 has been registered by the first respondent. After completion of investigation, the first respondent has filed the final report, which was taken on file in C.C.No.53 of 2024 by the District Munsif cum Judicial Magistrate Court, Ottapidaram, Thoothukudi District.

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 petition is closed.

24.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns 3/5

To 1.The District Munsif cum Judicial Magistrate Court, Ottapidaram, Thoothukudi District.

2.The Inspector of Police, AWPS, Kadampur, Thoothukudi District.

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

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B.PUGALENDHI,J gns 24.06.2025 5/5