Esakki Muthu v. The Inspector of Police

O RDER

This criminal original petition is filed to quash the charge sheet in C.C. No. 21/2013 on the file of the Judicial Magistrate, Alangulam, Tenkasi.

2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.36 of 2013 for the offences punishable under Sections 498(A), 506(i) r/w 109 of IPC and Section 4 of Dowry Prohibition Act, 1961, against the petitioner.

3.The learned Government Advocate (Crl. Side) would submit that on the date of commencement of trial, the petitioner remained absent. Hence, warrant was issued against him. He would further submit that so far four witnesses have been examined. But, the petitioner has not cross examined them. Without cross examining the witnesses, this petition has been filed by the petitioner seeking quashment of the charge sheet.

4.Let the petitioner surrender before the trial Court and get the warrant recalled. There is no question of quashment at this stage. This petition deserves to be dismissed.

5.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are closed. Speaking : Yes / No

30.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To

1.The Judicial Magistrate, Tenkasi.

2.The Inspector of Police, All Women Police Station, Alangulam, Tirunelveli District. (In C.C. No.21 of 2013)

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN. J. TM Crl.O.P.(MD)No.19197 of 2023

30.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2023 CORAM: THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19197 of 2023 and Crl.M.P.(MD).Nos.15161 and 15165 of 2023 Esakki Muthu ...Petitioner / 1st Accused Vs. 1.The Inspector of Police, All Women Police Station, Alangulam, Tirunelveli District. (In C.C. No.21 of 2013) ...1st Respondent / Complainant 2.Gowri ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in C.C. No.21/2013 on the file of the Judicial Magistrate, Alangulam, Tenkasi and quash the same. For Petitioner :Mr.S.Packiya Muthu For Respondent :Mr.M.Sakthi Kumar Government Advocate (Crl. Side)