S DHANASEKARAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner worked as a Armed Reserve Police Constable. He was placed under suspension by the first respondent on an allegation that a case in Crime No. 3/2003 under Sections 498-A and 406 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act was registered against him.

(2.) ADMITTEDLY, the above case is registered on the basis of the complaint given by his wife, by name Raieswari. After investigation and filing of the charge-sheet, the same is numbered as C.C. No. 903 of 2003, on the file of the Judicial Magistrate Court No. II, Madurai. The contents of the Writ Petition further discloses that after the registration of the First Information Report, the petitioner has moved the Honourable High Court, Madras for quashing the entire Criminal proceedings on the ground that there, was no ill-treatment or demand of dowry by him. Before the Honourable High Court, Madras, the de facto complainant who is the victim in the crime appeared and represented that there was no harassment or demanding of dowry. Accordingly in Crl.O.P.No.14896 of 2004 and in Crl.M.P.No.5211 of 2004, the High Court Judicature of Madras passed an order dated 28.6.2004, allowing the petition and quashing the criminal proceedings pending in C.C. No. 903 of 2003, on the file of the Judicial Magistrate Court No. II, Madurai.

(3.) APART from that the wife of the petitioner appeared before the Honourable High Court, Madras and the same is revealed from the order in Crl.O.P.No.14896 2004 in Crl.M.P.No.5211 of 2004.