Manojkumar v. Tmt. Rani

BEFORE THE MADURAI BENCH OF MADRAD HIGH COURT DATED:01.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD) Nos.3541 and 3542 of 2018 Manoj Kumar ... Petitioner/Respondent Vs.

Rani ... Respondent/Petitioner PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to Call for the records pertaining to the M.C.No.1 of 2017 on the file of the Judicial Magistrate, Thiruchirapalli and quash the same For Petitioner : Mr.S.Krishnamoorthy

O R D E R

This petition has been filed to quash the proceedings in M.C.No.1 of 2017 on the file of the Judicial Magistrate, Thiruchirapalli , as against this petitioner. 2.

The learned Counsel appearing for the petitioner would submit that the petitioner is innocents and he has not committed any offence. Further he would submit that the respondent has not disclosed the earlier pendency of the marriage which was not at all legally divorced and pending till date. He would also submit that marriage is not valid and therefore the maintenance case is not maintainable. Further it can be considered only before the trial court. Hence he prayed to quash the same.

3.

Heard Mr.S.Krishnamoorthy learned counsel appearing for the petitioner.

4. It is also relevant to rely upon the judgment of the Hon'ble Supreme Court of India passed in Crl.A.No.579 of 2019 dated 02.04.2019 in the case of Devendra Prasad Singh Vs. State of Bihar & Anr., as follows:- " 12.So far as the second ground is concerned, we are of the view that the High Court while hearing the application under Section 482 of the Cr.P.C. had no jurisdiction 1/3

to appreciate the statement of the witnesses and record a finding that there were inconsistencies in their statements and, therefore, there was no prima facie case made out against respondent No.2. In our view, this could be done only in the trial while deciding the issues on the merits or/and by the Appellate Court while deciding the appeal arising out of the final order passed by the Trial Court but not in Section 482 Cr.P.C. proceedings.

13.In view of the foregoing discussion, we allow the appeal, set aside the impugned order and restore the aforementioned complaint case to its original file for being proceeded with on merits in accordance with law.

5. Recently, the Hon'ble Supreme Court of India held in respect of the very same issue in Crl.A.No.1572 of 2019 - Central Bureau of Invstigation Vs. Arvind Khanna, wherein, it has been held as follows:

"19.After perusing the impugned order and on hearing the submissions made by the learned senior counsels on both sides, we are of the view that the impugned order passed by the High Court is not sustainable. In a petition filed under Section 482 of Cr.P.C., the High Court has recorded findings on several disputed facts and allowed the petition. Defence of the accused is to be tested after appreciating the evidence during trial. The very fact that the High Court, in this case, went into the most minute details, on the allegations made by the appellant-C.B.I., and the defence put-forth by the respondent, led us to a conclusion that the High Court has exceeded its power, while exercising its inherent jurisdiction under Section 482 Cr.P.C.

20.In our view, the assessment made by the High Court at this stage, when the matter has been taken cognizance by the Competent Court, is completely incorrect and uncalled for."

The above judgment is squarely application to this case and as such, the points raised by the petitioner cannot be considered by this Court under Section 482 Cr.P.C.

6.

Considering the fact that there are serious allegations against the petitioner, which has to be investigated. Hence this Court is not inclined to quash the proceedings in M.C.No.1 of 2017 on the file of the Judicial Magistrate, Thiruchirapalli. Hence this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are closed .However, the trial Court is directed to complete the trial within a period of six 2/3

months from the date of receipt of copy of this Order. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To The Judicial Magistrate, Thiruchirapalli +1 CC to Mr.S. KRISHNAMOORTHY, Advocate (SR-95632[F] dated 01/11/2019 ) and Crl.M.P(MD) Nos.3541 and 3542 of 2018 01.11.2019 AAV MK (18.11.2019) 3P 3C 3/3