Shanmugapriya v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Shanmugapriya ... Petitioner Vs
1. The Commissioner, Commissionerate of Social Welfare and Women Empowerment, Panagal Building, Saidapet, Chennai - 600 015.
2. The District Collector, Trichy District, Trichy.
3. The District Social Welfare Officer, Office of the District Social Welfare Department, Collectorate Campus, Trichy District - 620 001.
4. The Sub Inspector of Police, All Women Police Station, Musiri, Trichy District - 621 211.
5. Prassanna ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records and quash the impugned report of the second respondent herein in Va.Pa.No. 4/2024 dated 26.06.2024 and further, direct the respondents 1 and 2 herein to 1/5
order for a fresh enquiry by any other officer on the basis of petitioner's representation dated 24.06.2025.
For Petitioner : Mr.B.Anandan For R-1 to R-3 : Mr.M.Senthil Ayyanar Government Advocate For R-4 : Mrs.M.Aasha Government Advocate (Crl.Side)
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 26.06.2024 and consequently, direct the respondent to conduct a fresh enquiry based on the petitioner's representation.
2. The petitioner and the fifth respondent are wife and husband and there is a dispute between them. The allegation by the petitioner is that the fifth respondent has been harassing her by demanding dowry. The petitioner had already lodged a complaint before the third respondent, where the third respondent had conducted an enquiry and had submitted a report stating that the allegations were not true. The said report is impugned herein. The petitioner also lodged a complaint before the fourth respondent wherein cognizance was taken 2/5
and FIR was registered in Crime No.9 of 2024 dated 28.05.2024 pending on the file of the fourth respondent. The investigation culminated in the filing of a charge sheet before the learned Judicial Miagistrate, Musiri, in C.C.No.176 of 2025 and the next date of hearing is 18.08.2025 for the appearance of the accused.
3. In such circumstances, when the fourth respondent has already registered an FIR, completed investigation, and the charge sheet has been taken on file, now, the petitioner cannot seek any re-enquiry by the third respondent. However, the apprehension expressed by the petitioner is that the observation made by the third respondent would be an impediment to initiate criminal proceeding. Therefore, the learned Judicial Magistrate, Musiri, is directed to conduct the criminal proceedings uninfluenced by the observations made in the impugned order and the Magistrate shall independently analyze the evidence and pass appropriate orders in accordance with law.
4. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs.
08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/5
To:
1. The Commissioner, Commissionerate of Social Welfare and Women Empowerment, Panagal Building, Saidapet, Chennai - 600 015.
2. The District Collector, Trichy District, Trichy.
3. The District Social Welfare Officer, Office of the District Social Welfare Department, Collectorate Campus, Trichy District - 620 001.
4. The Sub Inspector of Police, All Women Police Station, Musiri, Trichy District - 621 211.
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S.SRIMATHY , J.
jbr ORDER MADE IN DATED : 08.08.2025 5/5