SIVAGURUNATHAN Vs. MUTHULAKSHMI

JUDGEMENT

(1.) THE accused in C.C. No. 283/89 on the file of the Judicial Magistrate, No. II, Kovilpatti have filed this petition under Section 482, Cr. P.C. to call for the records in the above case and quash the same.

(2.) SHORT facts are : The respondent has filed a private complaint against the petitioners for offences under Sections 494 and 495 read with 109, I.P.C. alleging that the complainant and the first accused got married on 2.2.1977 according of Hindu customs and while the marriage was subsisting, the first accused had married the second accused with the active connivance of adcused 3 and 4. The complaint was taken on file as C.C. No. 234/88 by the then Sub Divisional Judicial Magistrate, Kovilpati. After the courts of Judicial Magistrate began functioning, this case was transferred to the file of Judicial Magistrate No. I, Kovilpatti. Again it was transferred to the file of Judicial Magistrate No. II, Kovilpatti and re -numbered as C.C. No. 165/89. Though the complainant had taken steps for issuance of notices to the accused, the accused did not appear and fresh notice was ordered and since steps were not taken, on 8.3.89 the complainant was absent and the complaint was dismissed invoking the provisions under Section 204 (4), Cr. P.C., Later, the respondent had filed the second complaint on 27.3.1980 with the same allegations against the accused adding one more para in the second complaint, namely, para 7, wherein she has given the reason for her absence on 8.3.89. In the second complaint, in para 8, she had prayed that this second complaint may be taken on file and summons issued to the accused. After the examination of the complaint, this second complaint was taken on file in C.C. No. 282/89. For quashing the same, the accused have come forward with this petition.

(3.) MR . M. Karpagavinayagam, learned counsel appering for the petitioner would submit :