PREM SANKAR NARAYANAN Vs. LALITHA NARAYANAN

JUDGEMENT

(1.) The petitioner has filed this Criminal Original Petition to call for records relating to C.C.No.147 of 2009 pending on the file of the Learned Judicial Magistrate No.I, Poonamalee and quash the same.

(2.) It is the case of the petitioner that the marriage between petitioner and the respondent took place on 24.09.1978 and out of their wedlock they have a son namely Rahul, born on 28.08.1982. After couple of years of marriage, there arose a dispute between the petitioner and respondent. Hence the respondent left the matrimonial house and stayed away from petitioner. While so, the petitioner's mother executed a will dated 18.10.2005 in favour of her grandson Rahul and the will stands probated by this Court in O.P.No.541 of 2006, dated 10.11.2006.

(3.) According to the respondent, her husband / the petitioner herein borrowed hand loans from her to the tune of Rs.4,50,000/- on 27.06.2006 and Rs.9,00,000/- on 01.07.06 for which the respondent obtained receipts in the presence of some witness. In the meantime the petitioner married his concubine namely Sathiyakala and he used to live with her. The above said attitude of the petitioner remained a huge shock to the respondent and hence she filed a complaint before the R9, Valasaravakkam Police Station. However, the Inspector of Police stating that since Section 494 is a non cognizable offence, refused to take the respondent's complaint on his file. Hence, the present private complaint under Section 200 Cr.P.C is filed before the Learned Judicial Magistrate No.I, Poonamalee praying to take cognizance of the respondent's complaint as against the petitioner for the offences under Sections 494, 420, 463, 464, and 468, of IPC as against the petitioner.