Subbiah v. State Rep. By Inspector of Police, All Women Police Station, Bodi, Theni District
2019-03-01
P.N.PRAKASH
body2019
DigiLaw.ai
ORDER : 1. Ms.V.Ambika, Grade I Police Constable, All Women Police Station, Bodi, is present. 2. On the complaint lodged by Chithra Devi (De-facto complainant), the respondent police registered a case in Crime No. 09/2013 on 09.07.2013 and after investigation, have filed a charge sheet in C.C.No.396 of 2013 before the District Munsif cum Judicial Magistrate, Bodi against seven accused for the offences under Sections 498(A), 506(I) IPC and Section 4 of Dowry Prohibition Act and Section 4 of the Tamil Nadu Prevention of Harassment of Women Act against seven accused, for quashing which, the petitioners are before this Court. 3. Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor for the State and the learned counsel for the de-facto complainant. 4. On reading the FIR, the final report and Section 161 Cr.P.C. statement, it is seen that Subbiah (A1) got married to the de-facto complainant on 24.05.2002 and they have one child through the wedlock. It is alleged that at the time of marriage, in the year 2002, the parents of the de-facto complainant had given 50 sovereigns of gold and Rs.50,000/- cash and household articles for Rs.1 lakh. It is further alleged that all the accused demanded more dowry from the de-facto complainant and asked the de-facto complainant for five acres of land and Rs.3 lakhs as dowry. The defacto complainant became pregnant in the year 2003 and she delivered on 30.10.2003. The accused did not come to see her and her new born. When the de-facto complainant went to her matrimonial home to join her husband, all the accused prevented her and told her that unless she brings the demanded amount, she cannot live with her husband. Hence, the complaint and the charge sheet. 5. During the pendency of this quash application, Pavun Ramasamy (A2) and Pon Alagarsamy (A4) have died. 6. On a close scrutiny of the FIR and Section 161(3) Cr.P.C. statement, there are no specific allegations against Saroja (A5), Maharaja Ganesan (A6) and Latha (A7). Saroja (A5) is the sister-in-law of Subbiah (A1), Maharaja (A6) is the brother of A1 and Latha (A7) is the wife of A6. However, there are prima facie materials against Subbiah (A1) and Ethiliyammal (A3) and the prosecution against them cannot be quashed. 7. In the result, Crl.O.P.(MD) No.4426 of 2014 is partly allowed.
Saroja (A5) is the sister-in-law of Subbiah (A1), Maharaja (A6) is the brother of A1 and Latha (A7) is the wife of A6. However, there are prima facie materials against Subbiah (A1) and Ethiliyammal (A3) and the prosecution against them cannot be quashed. 7. In the result, Crl.O.P.(MD) No.4426 of 2014 is partly allowed. The prosecution in C.C.No.396 of 2013 pending on the file of the District Munsif cum Judicial Magistrate, Bodi is quashed as against Saroja (A5), Maharaja (A6) and Latha (A7) and dismissed qua A1 and A3. Consequently, connected Miscellaneous Petition is closed. 8. The de-facto complainant has filed Crl.O.P.(MD) No. 12246 of 2018 for transfer of the case from Bodinayakkanur to Sivagangai on the ground that the accused are very powerful persons there and she may not get justice, if the trial is held there. 9. It is seen that some of the witnesses are from Sivagangai and some of the witnesses are from Bodinayakkanur. For fair trial, it will serve the interest of justice, if the case in C.C.No.396 of 2013 is transferred from the file of the District Munsif cum Judicial Magistrate, Bodinayakkanur to the file of the Judicial Magistrate Additional Mahila Court, Madurai. The learned District Munsif cum Judicial Magistrate, Bodinayakkanur is directed to transfer the records in C.C.No.396 of 2013 to the file of the Judicial Magistrate, Additional Mahila Court, Madurai within four weeks from the date of receipt of a copy of this order. A1 and A3 shall appear before the District Munsif and Judicial Magistrate, Bodi, within four weeks from the date of receipt of a copy of this order and execute a bond for Rs.5,000/- (Rupees five thousand only) under Section 88 of the Code of Criminal Procedure with two sureties undertaking to appear before the Judicial Magistrate, Additional Mahila Court, Madurai on the date fixed by the District Munsif cum Judicial Magistrate, Bodinayakkanur. In the meantime, the District Munsif cum Judicial Magistrate, Bodi shall transfer the records to the Judicial Magistrate, Additional Mahila Court, Madurai. 10. On the appearance of A1 and A3 before the Judicial Magistrate, Additional Mahila Court, Madurai, A3 shall file an undertaking affidavit that she will not dispute her identity and that the Advocate engaged by her will cross examine the defence on the day they are examined in chief without adopting any dilatory tactics.
10. On the appearance of A1 and A3 before the Judicial Magistrate, Additional Mahila Court, Madurai, A3 shall file an undertaking affidavit that she will not dispute her identity and that the Advocate engaged by her will cross examine the defence on the day they are examined in chief without adopting any dilatory tactics. On such undertaking being given, the trial Court shall liberally consider the petition filed by her under Section 317 Cr.P.C. However, both the accused shall appear for framing the charges, Section 313 Cr.P.C. questioning and on the date of judgment. Liberty is given to A1 and A3 to raise all the grounds before the trial Court, after the charges are framed, since there are prima facie materials to frame charges against them. 11. Accordingly, Crl.O.P.(MD) No.12246 of 2018 is disposed of.