LAWS(MAD)-2010-11-99

ANGELA SUNDARRAJ Vs. T JOSEPH SUNDARRAJ

Decided On November 26, 2010
ANGELA SUNDARRAJ Appellant
V/S
T. JOSEPH SUNDARRAJ Respondents

JUDGEMENT

(1.) THE petitions are filed seeking a direction to call for the records in C.C.No.447 of 2010 on the file of the learned Judicial Magistrate, Tambaram and quash the same.

(2.) THE respondent has given a complaint against the petitioner and 10 others for an alleged offence punishable under Secs.191, 182, 209, and 420 IPC. THE petitioner and the respondent were married on 26.1.1994 at Chennai and a female child was born. THE petitioner is a Dentist by profession and the respondent was working as a Supervisor in a private company. THEre were difference of opinion between the parties and the parties have approached various forums including a complaint given by the petitioner against the respondent in Cr.No.22/2006 on the file of the All Women Police station, Tambaram. THE learned Judicial Magistrate has taken the charges on file in C.C.No.321/2007 for the offence under Sec.498(A), 406 and 506(ii) IPC. She had also filed IDOP No.156 of 2008 for a decree of divorce on the ground of cruelty. THE respondent has filed IDOP No.89 of 2009 on the file of the Principal District Judge, Chengalpattu for restitution of conjugal rights.

(3.) ON the contrary, Mr. R. Dakshinamurthy, learned counsel for the respondent submitted that the respondent has made many allegations against the petitioner and others which are true. The learned counsel pointed out that the truth in the allegations can be proved only during the trial and this Court cannot conduct a rowing enquiry by exercising the jurisdiction under Sec.482 Cr.P.C.