P CHANDRASEKARAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who is the first accused in Cr.No.30/2002 on the file of the first respondent Police has come forward to file the above criminal original petition praying to call for the said FIR registered against him and others for the offences punishable under Sections 466, 468 and 474 IPC and quash the same.

(2.) Tracing the history of the case as it is narrated in the above criminal original petition, the petitioner would allege that the first respondent, registering the above case, had caused his arrest on 1.12.2002 and produced him before the Judicial Magistrate No.2, Tiruchirapalli, who, after certain clarifications, was pleased to remand him to judicial custody and the same Magistrate was also pleased to grant bail on 4.12.2002 itself mainly on ground that the allegations made in this complaint have also been made in the earlier complaint on which a case was registered in Cr.No.43 of 2001; that in the earlier case, the petitioner was granted anticipatory bail by this Court and he was enlarged on bail in the case in hand also.

(3.) The petitioner would further submit that the marriage in between himself and the defacto-complainant/the second respondent was solemnized on 1.11.1992 and a son was born from out of the lawful wedlock in the year 1993; that on allegation that he is living in illicit intimacy with his co-worker/the second accused in the case, differences of opinion persisted for nearly five years in between himself and his wife/the second respondent and ultimately they got separated from 1.3.2000 and the second respondent started living with her parents; that on account of mediation, though the petitioner and his wife again joined, on allegation that the petitioner did not severe his connection with the second accused, the second respondent left his company again and thereafter she filed a private complaint on 9.10.2001 before the Court of Judicial Magistrate No.2, Tiruchirapalli against the petitioner and his family members on the same facts as it had been in her earlier complaint dated 5.12.2000 and this complaint was forwarded by the Judicial Magistrate to the respondent under Section 156(3) Cr.P.C. for investigation and the first respondent registered the case for offences punishable under Sections 498-A,323,406 and 506(II) IPC in Crime No.43/2001; that he was also placed under suspension by his employer, the Life Insurance Corporation of India.