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Madras High CourtCRL OP(MD)/8122/2011dismissed

Syed Ali Basha v. The Inspector Of Police,

2017-11-01Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.8122 of 2011 and M.P.(MD)No.1 of 2011 1.Syed Ali Basha 2.Jennath Beevi 3.Syed Mohamed 4.Malika Begam 5.Syed Ahmed 6.Syed Ali Fathima ... Petitioners / Proposed Accused Vs.

State Represented by 1.The Inspector of Police, All Women Police Station, Cantonment, Trichy.

... 1st Respondent / Complainant 2.Dowry Prohibition Officer, District Social Welfare Office, Collectorate, Trichy.

... 2nd Respondent / Complainant 3.Ummu Salma ... 3rd Respondent/De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the 3rd respondent's complaint, dated 10.05.2011, forwarded by the learned Judicial Magistrate No.II, Trichy, under Section 156(3) of Cr.P.C. on 23.06.2011 to the 1st respondent and quash the same as illegal.

For Petitioners : Mr.R.R.Kannan For R1 & R2 : Mr.K.Anbarasan Government Advocate (Crl.side) For R3 : Mr.S.Ramakrishnan for M/s.B.Jameel Arasu https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Criminal Original Petition has been filed to quash the 3rd respondent's complaint, dated 10.05.2011, which was forwarded by the learned Judicial Magistrate No.II, Trichy, under Section 156(3) of Cr.P.C., on 23.06.2011, to the 1st respondent and quash the same as illegal.

2. I have heard the learned counsel for the petitioners, the learned Government Advocate (Crl.side) appearing for the first and second respondents and the learned counsel appearing for the third respondent and perused the materials available on record.

3. The learned Government Advocate (Crl.side) appearing for the State on instructions would submit that the complaint preferred by the third respondent was forwarded to the Social Welfare Officer and after conducting enquiry, the said complaint was closed and no complaint is pending before the Social Welfare Officer as against the petitioner as on date. Accordingly, nothing survives in this petition for further adjudication.

4. Recording the statement made by the learned Government Advocate (Crl.side), this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(RECORD) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Trichy.

2.The Inspector of Police, All Women Police Station, Cantonment, Trichy.

3.Dowry Prohibition Officer, District Social Welfare Office, Collectorate, Trichy.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.B.JAMEEL ARASU Advocate in SR. No. 84880 +1cc to Mr.R.R.KANNAN Advocate in SR. No. 85257 PJL JS/JC/SAR.3/20.11.2017/2P-7C Crl.O.P.(MD)No.8122 of 2011 01.11.2017 https://hcservices.ecourts.gov.in/hcservices/