RATHISH SIVAKUMAR Vs. NEENA SACHITHANANDAN

JUDGEMENT

(1.) The complainant in S.T.No.34/2017, 35/2017 and 39/2017 are the petitioners in the impugned common order passed on 6/5/2019 in Crl.M.P.Nos.472/2018, 424/2018, 423/2018, 473/2018, 425/2018 and 474/2018 pending on the files of Judicial First Class Magistrate-II, Ottappalam (for short 'the court below'). It was pleaded in the above petitions that husband of the accused, Mr.T.C.Sachithanandan has acquaintance of the monetary transaction alleged in the complaint and therefore his examination as a witness is very much required to establish the case of the prosecution. An additional witness list is also produced alongwith the applications and that is sought to be accepted and examination of the witness proposed is sought to be permitted.

(2.) Respondent/accused in his counter statement filed in the petitions contended that the petition is filed only to create problem in her family life and therefore, seeks for dismissal of those.

(3.) The court below dismissed the applications vide the impugned common order observing that the petitions are filed as pressure tactics and holding that the matters intending through the examination of the proposed witness is nothing but privileged communication under Sec. 122 of the Evidence Act, 1872 (for short 'the Act'). Accordingly, petitions are sought to be dismissed. The petitions are dismissed by the court below by a common order passed on 6/5/2019 and the petitioners being aggrieved by it, have now sought for the exercise of inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 to quash it.