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2026 DAILYLAW 19597 (MAD)

A.Aathimoolam v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Tenkasi

CRL OP(MD)/4646/2026 · 2026-03-02

R Vijayakumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD).No.4646 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.4646 of 2026 and Crl.M.P(MD) Nos.4936 and 4940 of 2026 A.Aathimoolam ... Petitioner Sole Accused Vs. 1.The State through The Inspector of Police, All Women Police Station, Tenkasi, Tenkasi District. (Crime No.3 of 2019) ... 1st Respondent/ Complainant 2.Usha Vani ... 2nd Respondent/ De-facto Complainant PRAYER : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, Act, to call for the records relating to charge sheet in C.C.No.7 of 2020 on the file of the learned District Munsif-cum-Judicial Magistrate, Senkottai, Tenkasi District and quash the same. For Petitioner : Mr.G.Thiruvarutselvan 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4646 of 2026 For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor O R D E R The present Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.7 of 2020 on the file of the learned District Munsif-cum-Judicial Magistrate, Senkottai, Tenkasi District. 2. A perusal of the charge sheet reveals that the petitioner has been charge sheeted under Sections 294(b), 498 (A), 406 and 506(i) of IPC r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 3. As per the charges in the charge sheet, the petitioner is said to have received 40 sovereigns of gold jewels from the wife and he had pledged the same and he has refused to return it to his wife. The petitioner is said to have insulted the wife, when the wife had demanded the jewels. 4. According to the learned counsel appearing for the petitioner, the incident has happened in the year 2017 and belatedly, a complaint has been lodged in February 2019. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4646 of 2026 5. This Court is not inclined to consider the issue of delay at this stage, in view of the fact that the dispute between the husband and wife. 6. A perusal of the charge sheet reveals that there is a prima facie allegation as against the petitioner. But, no grounds have been made out to quash the charge sheet. However, the presence of the petitioner shall be dispensed with unless it is specifically directed by the trial Court. The trial Court shall dispose off the case without being influenced by the observations made by this Court. 7. With the above said observations, this Criminal Original Petition stands disposed of. Consequently connected Miscellaneous Petitions are closed. 02.03.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4646 of 2026 To 1.The Inspector of Police, All Women Police Station, Tenkasi, Tenkasi District. 2. The District Munsif-cum-Judicial Magistrate, Senkottai, Tenkasi District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4646 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.4646 of 2026 02.03.2026 5/5 https://www.mhc.tn.gov.in/judis