KHUZEMA MOHD MAMUWALA Vs. SHABBIR TAHERBHAI RANIJIWALA

JUDGEMENT

(1.) The interesting question of law that arises for consideration is as follows:- Whether the photos taken subsequent to the filing of the private complaint for the offences under Sections 497 and 498, IPC would be admissible in the course of the said proceedings to establish the subsequent conduct of the accused, though it is not relevant to the fact in issue?

(2.) The petitioner is the husband. It is alleged that the respondent/accused Ranijiwala enticed away the petitioner's wife Nafisa on 12-4-1995 from Madras and lived in adultery with her at Hotel Godavari, Bijapur, Karnataka till 17-4-1995. Again, on 4-6-1995 the respondent came to Madras and enticed her and took away. With reference to these incidents, the petitioner husband filed the private complaint on 7-8-1995.

(3.) The learned XVIII Metropolitan Magistrate, Saidapet, took the case in C.C.No. 5881/1995 on file on 29-8-1995 in respect of the offences under Sections 497 and 498, IPC. The process was issued. The petitioner took the summons intended for service upon the accused to Mumbai and got the same served upon him on 14-12-1995 through the Police Constable attached to the jurisdiction of Police Station at Mumbai. The petitioner who accompanied the Constable had taken with him a camera. The Police Constable served the summons on the accused/respondent. At that time, the wife of the petitioner was sitting in the cot. The accused clothed in a banian and a lungi received the summons from the Police Constable. The petitioner took photographs.