JAYAKUMAR ALIAS JAVID KAMAL Vs. STATE

JUDGEMENT

(1.) THE learned counsel for the petitioner submits that the petitioner has come forward with this petition to call for the records in C. C. No. 123 of 2006 on the file of the Judicial Magistrate No. II, Chengalpattu, pending trial, and quash the same.

(2.) THE petitioner, who is facing trial in C. C. No. 123 of 2006 on the file of the Judicial Magistrate No. II, Chengalpattu, for an offence under Section 494 IPC, has filed the above criminal original petition seeking to quash all further proceedings in C. C. No. 123 of 2006. Though the petitioner has taken several grounds and has pointed out certain irregularities in the registration of the complaint, in the investigation of the case and taking cognizances, etc. , this Court is not going into all those aspects, as the above criminal original petition can be disposed of on the ground that even taking the allegations contained in the complaint filed by the second respondent and the averments contained in the statement of witnesses to be true, in the considered view of this Court, no case is made out for registering a case under Section 494 IPC.

(3.) LEARNED counsel for the petitioner submitted that under the charge of Bigamy, if the evidence showed that the essential ceremonies have not been performed, it cannot justify the conviction even though admitted by the accused. He further submitted that the prosecution must prove that the second marriage was duly performed in accordance with religious rites applicable to the form of marriage and an admission by the accused in this respect cannot be made the basis of conviction.