Madras High CourtCRL RC/550/2016dismissed

Nandhini v. The State Rep. By

2016-03-31Honourable Dr. Justice P. Devadass2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2016

CORAM

THE HONOURABLE DR.JUSTICE P.DEVADASS CRL.R.C.No.550 of 2016 & Crl.M.P.No.3689 of 2016 Nandhini ... Revision Petitioner Vs.

The State, Rep. by the Inspector of Police, W-20, All Women Police Station, Saidapet, Chennai - 15.

... Respondent Criminal Revision Case filed under Sections 397 and 401 of the Code of Criminal Procedure to to set aside the Order passed in Crl.M.P.No.3266 of 2015 in C.C.No.1453 of 2015 on the file of the IX Metropolitan Magistrate, Saidapet, Chennai dated 08.02.2016 and discharge the petitioner/A4 from all the charges. For Petitioner : Mr.Mr.Prasanna Durai for C.Ananda Ramani For respondent : Mr.V.Arul, Government Advocate (Crl. Side)

O R D E R

A4 aggrieved by the dismissal of her discharge petition in Cr.M.P.No.3266 of 2015 in C.C.No.1453 of 2015 by the XI Metropolitan Magistrate, Chennai directed this division.

2. The learned counsel for the petitioner contended that petitioner/A4 on the alleged date of her marriage with A1, was a student studying in an Engineering College. She did not marry him. There is no prima facie case as against her.

3. On the other hand, the learned Government Advocate [Criminal Side] submitted that this is a matter to be decided on https://hcservices.ecourts.gov.in/hcservices/

appreciation of evidence during trial.

4. I have anxiously considered the rival submissions and the impugned Order.

5. The defacto complainant alleged that her husband/A1 took one more wife, i.e., A4/petitioner and for this A1's parents A2 and A3 abetted him.

6. The contentions raised in the discharge petition as well as before this Court are such that they have to be appreciated based on the evidence adduced during trial. In such circumstances, the dismissal of the discharge petition under section 240 Crl.P.C. by the Trial Court cannot be faulted.

7. Thus, this revision is dismissed. Consequently, the connected miscellaneous petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vrc To,

1. The IX Metropolitan Magistrate, Saidapet, Chennai.

2. The Public Prosecutor, High Court, Madras.

3. The Inspector of Police, W-20, All Women Police Station, Saidapet, Chennai. - 15.

Crl.R.C.No.550 of 2016 & Crl.M.P.No.3689 of 2016 aa13/04/2016 https://hcservices.ecourts.gov.in/hcservices/