B.Purushothaman vs The State Represented By
2022 Latest Caselaw 10579 Mad

                                                                              Crl.R.C.No.732 of 2022

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                           DATED : 20.06.2022

                                                  CORAM :

                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                          Crl.R.C.No.732 of 2022



           B.Purushothaman                                                ... Appellant

                                                   Versus
           The State Represented by,
           Inspector of Police,
           Podanur P.S.Crime No,16 of 2018,
           All Women Police Station,
           East Police Station,
           Coimbatore City.                                                   ... Respondent



           Prayer : Criminal Revision Petition filed u/s. 397 read with 401 of Cr.P.C to
            call for the records pertaining to Crl.M.P.No.2103 of 2022 in S.C.No.190 of
            2021 passed by the Magalir Neethimandram (Mahila Court), Coimbatore and
            set aside the order dated 02.06.2022 by allowing this revision.

                                  For Appellant   : Mr.C.Emalias
                                                    for Mr. K.Balasubramaniam
                                  For Respondent : Mr.S.Vinoth Kumar,
                                                    Government Advocate (Crl.Side)
                                                 *****




https://www.mhc.tn.gov.in/judis




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                                                                                   Crl.R.C.No.732 of 2022

                                              JUDGMENT

This Criminal Revision is filed against the order the learned Magalir

Neethimandram (Mahila Court), Coimbatore dated 02.06.2022 in

Crl.M.P.No.2103 of 2022 in S.C.No.190 of 2021, whereby the application filed

by the petitioner/Accused-1 for discharge has been dismissed.

2. It is seen that the final report proposed that the accused guilty for the

offence under Sections 120(B), 376, 494, 495, 109 read with 420 and 506(I) of

I.P.C

3. The learned counsel for the petitioner submitted that, on the face of it,

there is a complaint of offence under Section 494 IPC and it is not a private

complaint and therefore, the said offence cannot be taken cognizance of based

on Police report. Once bigamy is alleged, the offence of rape disputing the

marriage itself, on the face of it is reduntant. Therefore, he would submit that

the entire case against the petitioner is untenable and the prayer was wrongly

dismissed by the trial Court.

4. On perusal of the materials available in this case, even though

prima facie, there is a force in the submission of the learned counsel for the

petitioner about the offence under Sections 376, 494 and 495 of IPC, however, https://www.mhc.tn.gov.in/judis

Crl.R.C.No.732 of 2022

a perusal of the material records of the case indicates the commission of the

offence under Sections 406, 420 and 506(i) of IPC. Therefore, the petition for

discharge cannot be allowed. But however, the trial Court, while framing

charges shall take into account of the submissions made in respect of the

offence under Sections 376, 494 and 495 of IPC and therefore, this Criminal

Revision is ordered as follows:

(i) The order of the learned Magalir Neethimandram (Mahila Court),

Coimbatore dated 02.06.2022 in Crl.M.P.No.2103 of 2022 in S.C.No.190 of

2021 is upheld;

(ii) However, it is open to the petitioner to raise all the contentions in

respect of the charges for the offence under Sections 376, 494, 495 of IPC and

the same shall be duly taken into consideration by the learned Magistrate at the

time of framing of charges.

5. Accordingly, this Criminal Revision is ordered.

20.06.2022

Index : yes/no Speaking order/Non-speaking order sma https://www.mhc.tn.gov.in/judis

Crl.R.C.No.732 of 2022

To

1. Magalir Neethimandram (Mahila Court), Coimbatore

2. Inspector of Police, Podanur P.S. All Women Police Station, East Police Station, Coimbatore City.

3. The Public Prosecutor, Madras High Court.

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.732 of 2022

D.BHARATHA CHAKRAVARTHY, J.

sma

Crl.R.C.No.732 of 2022

20.06.2022

https://www.mhc.tn.gov.in/judis