C S KRISHNA IYER Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) This is a petition filed under S.482 of the Code of Criminal Procedure, here-in-after referred to as 'the Code', for a direction to the Chief Judicial Magistrate, Trichur, to stay all further proceedings in M.C. 50/84 on his file till the disposal of O.S. 1012/84 pending before the Munsiff's court, Trichur, and to set aside an order passed by the Magistrate dismissing an application for stay.

(2.) First respondent, claiming to be the wife of the petitioner, filed M.C. 50/84 before the Chief Judicial Magistrate, Trichur for maintenance under S.125 of the Code. On receipt of notice, the petitioner moved the Chief Judicial Magistrate for stay of the maintenance case contending that she is not his legally wedded wife and stating that he has already filed O.S. 1012 of 1984 before the Munsiff's court, Trichur for a declaration that the alleged contract of marriage relied on in M.C. 50/84 is vitiated by fraud and other circumstances That petition was dismissed by the Chief Judicial Magistrate on the ground that there is no provision in the Code of Criminal Procedure enabling stay of proceedings. The petitioner took up the matter in Crl. R P. 2/85 before the Sessions Judge, Trichur. By order dated 10-6-1985, the Sessions Judge considered the revision on the merits and dismissed the same. It is in this background that the present petition under S.482 of the Code was filed.

(3.) In support of his contention, the petitioner relied on the decision in Vasu Vydier v. State of Kerala ( 1974 KLT 24 ) wherein it was observed: