RAMESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted.

(2.) The two appeals filed by five accused (three in one case and two in another) arise out of two identical orders passed by the madras High Court on 7.8.2003 and 21.8.2003 dismissing the petitions filed by them under Section 482 of the Criminal procedure Code ('cr. P. C. ', for short) by which a prayer was made to quash the charge-sheet and the consequential proceedings in C. C. No. 72/2002 on the file of the Judicial Magistrate III, Tiruchirapalli ('trichy' for short) , Tamil Nadu State. The wife of the 1 st appellant in the appeal arising out of SLP (Crl. ) No. 5735/2003, filed a complaint on 23.6.1999 with the All Women police Station, Trichy alleging the commission of offences under Sections 498a and 406 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Allegations were made in the said complaint against the husband, the in-laws, husband's brother and sister, who were all the petitioners before the High Court and the appellants herein. After registration of the f. l. R. and investigation, the charge-sheet was filed by the Inspector of Police, All women Police Station, Trichy on 28.12.2001 in the Court of the Judicial magistrate-Ill, Trichy. Thereupon, the learned Magistrate took cognizance of the offence and issued warrants against the appellants on 13.2.2002. It appears that four of the appellants were arrested and released on bail by the Magistrate at mumbai. The appellants then filed Criminal writ Petition No. 593/2002 in the Bombay high Court for quashing the F. I. R. or in the alternative to transfer the F. I. R. to mumbai. The proceedings were stayed by the High Court. On 2.6.2003, the writ petition was dismissed as withdrawn while giving liberty to approach the High Court of madras at Chennai for appropriate relief thereafter, the appellants filed the petition under Section 482 Cr. P. C. before the Madras high Court for quashing the proceedings in C. C. No. 72/2002 on the file of the judicial Magistrate-Ill, Trichy. The High court by the impugned order dismissed the petition with the following observations :

(3.) However the High Court directed the magistrate to dispense with the personal attendance of the appellants. Aggrieved by the order of the Madras High Court dismissing the petitions under Section 482 Cr. P. C. , the special leave petitions giving rise to these appeals were filed by the accused.