Madras High Court
Gomethagi vs The Inspector Of Police on 14 December, 2021
Crl.O.P.No.7818 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.7818 of 2019
and
Crl.M.P.Nos.4239 and 4240 of 2019
Gomethagi ...Petitioner/Accused No.4
Vs.
1.The Inspector of Police,
All Woman Police Station,
Thudiyalur,
Coimbatore District.
2.Shoba
...Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of
Crl.P.C., praying to call for the records pertaining to C.C.No.27 of 2014
on the file of the learned Judicial Magistrate (Additional Mahila Court),
Coimbatore and quash the same in respect of this petitioner by allowing
this criminal original petition.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.7818 of 2019
For Petitioner : Mr.P.Ayyaswamy
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor for R1
ORDER
This Criminal Original Petition has been filed seeking to
call for the records pertaining to C.C.No.27 of 2014 on the file of the
learned Judicial Magistrate (Additional Mahila Court), Coimbatore and
quash the same.
2. The petitioner is the sister's daughter of A1. The defacto
complainant got married to A1 on 20.02.2012. After few months from
the date of marriage, the A1 went to America on 11.03.2012. It is alleged
by the defacto complainant that the family members of her husband were
demanding more money as dowry and they did not permit her to have
conjugal relationship with her husband. It is alleged that the 1st
accused returned to India on 23.12.2012 and the accused persons had
demanded dowry and harassed the de facto complainant. On the
complaint lodged by the defacto complainant, the respondent police
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.7818 of 2019
registered a case in Crime No.70 of 2013, for the offences under Sections
498A and 506(i) lodged against this petitioner along with in-laws. Now,
after filing of the FIR, the Look Out notice was issued against the
petitioner and he is in abroad.
3. The petitioner filed a petition seeking a direction to the
4th respondent therein, namely, The Deputy Superintendent of Police to
withdraw the Look Out notice issued against him in Crime No.70 of
2013 and the said petition was taken on file in Crl.O.P.No.930 of 2019.
While passing orders in the said petition, on 10.01.2019, this Court
observed as follows:
"In the result, this petition is allowed on condition
that the petitioner should appear before this Court to
receive the final report and other relevant documents under
Section 207 of Cr.P.C for the purpose of answering the
charges and at that time of examination under Section 313
Cr.P.C and at the time pronouncing judgment and when this
Court feels that the appearance of petitioner is necessary.
Except on the above hearing dates the appearance of the
petitioner before this Court is dispensed with."
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.7818 of 2019
4. Now, the final report was filed, A1 was still absconding and he
has to appear before the Court to answer the charges as ordered in
Crl.O.P.No.930 0f 2019. This case is pending all these years due to
absence of A1. The petitioner is the sister's daughter of A1, who appeared
before this Court.
5. The attitude of A1 reveals that to drag on the proceedings, he
has chosen to file one by one application by others, which is an abuse of
process of law.
6. Accordingly, this Criminal Original petition is dismissed. The
trial Court is directed to dispose of the case within a period of three
months from the date of receipt of a copy of this order.
14.12.2021
Index : Yes/No
Internet: Yes/No
ub
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.7818 of 2019
To
1.The Judicial Magistrate (Additional Mahila Court),
Coimbatore.
2.The Inspector of Police,
All Woman Police Station,
Thudiyalur,
Coimbatore District.
3. The Public Prosecutor,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.7818 of 2019
T.V.THAMILSELVI, J.,
ub
Crl.O.P.No.7818 of 2019
14.12.2021
https://www.mhc.tn.gov.in/judis
