Advocates:
['M/S R SANKARASUBBU', '', 'M SEENI SULTHAN', 'V SATHISH']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

Crl.O.P.Nos.21444 and 21527 of 2021

Benazir .. Petitioner in both

Crl.O.P.'s

Versus

1. The Commissioner of Police

Greater Chennai

Vepery

Chennai 600 007.

2. The Commissioner of Police

Tambaram

Chengalpattu District.

3. The Inspector of Police

W-32 All Women Police Station

Madipakkam

Chennai-600091.

... Respondents in both

Crl.O.P.'s

PRAYER in Crl.O.P.No.21444 of 2021:

Criminal Original Petition filed under Section 482 of the

Code of Criminal Procedure to direct the 3^rd Respondent Police to

alter the F.I.R. , by including the name of the Petitioner's

brother-in-law , viz., Mohammed Gazzali Haneef as one of the

accused in the F.I.R. in Crime No.5 of 2021 on the file of the

3^rd Respondent-Police Station.

PRAYER in Crl.O.P.No.21527 of 2021:

Criminal Original Petition filed under Section 482 of the

Code of Criminal Procedure to direct the 3^rd Respondent Police to

alter the F.I.R. , by including Section 4 of Dowry Prohibition

Act 1961 and Section 4 of the Muslim Women (Protection of Rights

on Marriage) Act 2019 in Crime No.5 of 2021 on the file of the

3^rd Respondent-Police Station.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr.R.Sankarasubbu

For Respondents : Mr.R.Vinothraja

Government Advocate(crl.side)

C O M M O N O R D E R

Crl.O.P.No.21444 of 2021 has been filed to direct the 3^rd

Respondent Police to alter the F.I.R., by including the name of

the Petitioner's brother-in-law , viz., Mohammed Gazzali Haneef

as one of the accused in the F.I.R. in Crime No.5 of 2021 on the

file of the 3^rd Respondent-Police Station.

2. Crl.O.P.No.21527 of 2021 has been filed to direct the 3^rd

Respondent Police to alter the F.I.R. , by including Section 4

of Dowry Prohibition Act 1961 and Section 4 of the Muslim Women

(Protection of Rights on Marriage) Act 2019 in Crime No.5 of

2021 on the file of the 3^rd Respondent-Police Station.

3. Since the issue involved in both these petitions are one

and the same, they are taken up together and disposed of by a

common order.

4. The main grievance of the petitioner is that though there

are averments and materials to show the involvement of the

petitioner's brother-in-law one Mohammed Gazzali Haneef in the

harassment met out by the petitioner, the respondents have not

included his name in the F.I.R. That apart, though the

petitioner's husband and in-laws committed the offence

punishable under Section 4 of Tamil Nadu Prohibition of

Harassment of Women Act and Section 4 of the Dowry Prohibition

Act 1961 and Section 4 of Muslim Women (Protection of Rights on

Marriage) Act 2019, the Respondent police wantonly omitted to

include Section 4 of the Dowry Prohibition Act 1961 and Section

4 of the Muslim Women (Protection of Rights on Marriage) Act,

2019 in the F.I.R.

5. The learned Government Advocate (Crl.side) submitted that the

complaint pertains to matrimonial dispute and the investigation

is pending in this case. He further submitted that during

investigation if the involvement of the Petitioner's brother-in-

law one Mr.Mohammed Gazzali Haneef was found in the offence

committed by the accused, he will be included an accused in the

Cr.no.5 of 2021, likewise, during investigation if the offence

punishable under Sections Section 4 of the Dowry Prohibition

Act 1961 and Section 4 of the Muslim Women (Protection of Rights

on Marriage) Act, 2019 was made out against the accused the same

shall be included in the F.I.R..

https://hcservices.ecourts.gov.in/hcservices/

6. Recording the submission of the learned Government

Advocate (Crl.side), these Criminal Original Petitions are

disposed of.

Sd/-

Assistant Registrar(CS VIII)

//True Copy//

Sub Assistant Registrar

arr

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