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2006 Supreme(Mad) 1831

R.REGUPATHI
Suresh & Others – Appellant
Versus
The Inspector of Police, All Women Police Station, Rajapalayam – Respondent


Appearing Advocates:For the Petitioner:Sarvabhavan Associates, Advocate. For the Respondent:M. Ravishankar, Government Advocate.

Judgment :-

1. The accused in all these cases alleged to have committed an offence punishable under Section 4 of Dowry Prohibition Act. Offences punishable under the provisions of Indian Penal Code also under Sections 498-A, 406 and 506(ii), etc. alleged to have been committed.

2. Cases have been taken on file on the strength of the Complaint given invariably by the wife, against the husband and his family members. The allegations in all these cases are that there was a demand of dowry. As it was not given, there was ill-treatment, misappropriation, assault, criminal intimidation, etc. resulting in the registration of these cases. The cases have been investigated by the Inspector of Police, All Women Police and regular police.

3. A Writ Petition has been filed in W.P. No. 31420 of 2005, questioning the authority of the police officer to investigate and file the final report for the offences aforementioned. When the offences are committed under the provisions of Dowry Prohibition Act, it is only, the Dowry Prohibition Officer, competent authority to investigate and file the final report before the learned Magistrate. Contrary to that, as the police officers have investigated the compl





















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