Madras High CourtCRL OP(MD)/15365/2022disposed of

Kamarudheen v. The Inspector Of Police

2024-03-11Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.15365 of 2022 and Crl.M.P(MD).No.10091 of 2022 1.Kamarudheen 2.Jamal @ Jamal Mohamed 3.Rahmathullah 4.Jawahir 5.Jaleel @ Abdul Jaleel 6.Segu @ Sheik Mohamed ... Petitioners Vs.

1.State represented by the Inspector of Police, All Women Police Station, Pattukottai, Thanjavur.

2.Ashifa Begam

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining in FIR in Crime No.17 of 2022 registered for the offences under Sections 498(A), 294(b), 506(i) of IPC and Section 4 of DP Act on the file of the first respondent police. 1/5

For petitioners : Mr.S.A.S.Alaudeen For R1 : Mr.B.Nambiselvan Additional Public Prosecutor O R D E R This criminal original petition has been filed seeking to quash the first information report in Crime No.13 of 2022 on the file of the first respondent police.

2. The case of the prosecution is that the petitioners harassed the defacto complainant by demanding additional dowry and also abused her in filthy language. The petitioners are the in-laws of the defacto complainant.

3. The learned counsel appearing for the petitioners would submit that without going into the merits of the case, this Court may issue a direction to the first respondent police to complete the investigation within a stipulated period by providing an opportunity to the petitioners in order to disprove the complaint preferred by the seond respondent.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the investigation in this case will be completed within a period of eight weeks. 2/5

5. In view of the fair submission made by the learned counsel appearing for the petitioners, this Court is inclined to dispose the present petition by giving necessary direction to the first respondent Police. Accordingly, the first respondent Police is directed to conduct the investigation and complete the same within a period of eight weeks from the date of receipt of a copy of this order by providing necessary opportunity to both parties and after completing the investigation, if any cognizable offences are made out, the first respondent Police shall file a charge sheet in the manner known to law. Incase, if cognizable offences are not made out, the first respondent Police shall close the case as "mistake of fact". The petitioners are at liberty to produce all documents, in order to prove that there is no criminality in the complaint preferred by the second respondent.

6. In the result, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed. 11.03.2024 Index : Yes/No Internet : Yes/No tta 3/5

To 1.The Inspector of Police, All Women Police Station, Pattukottai, Thanjavur.

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

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M.DHANDAPANI. J.

tta Crl.O.P.(MD)No.15365 of 2022 11.03.2024 5/5