M GOVINDAMMAL Vs. M THILAKAVATHY

JUDGEMENT

(1.) Petitioner/Second accused in C.C. No. 151/98 on the file of the Judicial Magistrate No. II, Poonamallee has preferred the revision aggrieved against the order passed in C.M.P. No. 1083 of 1999, dated 5-5-1999.

(2.) The case in brief is as follows :

(3.) Heard the learned counsel for both sides. The respondent filed a complaint under Section 494, I.P.C. against both the accused and the same was taken on file in C.C. No. 151 of 1998 pending on the file of the Judicial Magistrate II, Poonammallee. The evidences of P.Ws. 1 to 3 were recorded in Chief and their cross-examination was deferred. Subsequently the learned Magistrate had framed charges under Section 494, I.P.C. against both the accused. Subsequently, the complainant filed a petition under Section 216 to alter the charge in respect of the second accused to include Section 109, I.P.C. and also to include the date and place of the alleged second marriage. Learned counsel for the second accused mainly contended that the charge under Section 494, I.P.C. was already framed only on the available materials and there is absolutely no material to alter the section as Section 109, I.P.C. against the second accusedin the case.