LAWS(MAD)-1991-10-107

M. KRISHNAKUMAR Vs. TAMIL SELVI

Decided On October 22, 1991
M. Krishnakumar Appellant
V/S
TAMIL SELVI Respondents

JUDGEMENT

(1.) ACCUSED 1, 2 and 7 to 10 in C.C. 7253/87 on the file of X Metropolitan Magistrate, Egmore, Madras, have filed this petition under Section 482 Criminal Procedure Code, praying to call for the records in the aforesaid case and quash the same.

(2.) THE respondent has filed private complaint against 14 accused, out of whom petitioners 1 to 6 are accused 1, 2 and 7 to 10, for offences under Section 494 I.P.C. and 494 read with 109 I.P.C. The allegations in it are briefly as follows:

(3.) AS per the complaint, the second marriage was solemnised at Thirupathy on 17.4.87. Mr. Rubert J. Barnabas would rely upon Section 177 of the Code, as per which every offence shall be ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. He also relied upon the ruling reported in Vasantha Krishnaswami v. Krishnaswami : AIR 1967 Mad 241. In that case, Justice Ramakrishnan has stated as follows: