The court established that procedural flexibility is essential in criminal proceedings to ensure justice, particularly in cases involving serious allegations.

ORDER :

1. The Registry is directed to amend the memo of parties. The description of the petitioner be shown as “XXX”. This order shall be released with the necessary correction as directed above.

2. Leave granted.

3. The appellant is aggrieved at the order dated 14.12.2020 of the Judicial Magistrate-II, Puducherry, which has been further upheld by the High Court of Judicature at Madras vide impugned order dated 20.10.2021. Vide these orders, the application moved by the appellant seeking further investigation under Section 173(8) of the Code of Criminal Procedure, 1973 (in short, Cr.P.C.), on the ground that a part of the vital material to substantiate the allegations of commission of offences under Sections 376, 417 and 420 of the Indian Penal Code, 1860 (in short, IPC) was not collected by the Investigating Agency, was turned down by the Trial Magistrate and that order has been affirmed by the High Court.

4. The appellant lodged FIR No.09/2014 on 04.08.2014, under Section 417, 376, 420, 354A, 506(i) read with Section 34 of IPC and Section 66A of the Information Technology Act, 2000 at Police Station CB CID. She alleged that after completing her B.Tech at Pondicherry Engineering College in 2004, she got married in September 2005. However, the marriage was dissolved by a decree of divorce in May, 2006. At that time, the appellant was pregnant and she gave birth to a girl child on 09.02.2007. Thereafter, she started working as a Lecturer at the Rajiv Gandhi Engineering College. Her hard work and commitment helped her rise to the rank of Associate Professor at Dr. Paula Engineering College. In the course of time she met respondent no.2, who subsequently professed his love for her. Some ceremonies were alleged to have been performed on 13.09.2012 at Pollachi, whereby respondent no.2 pretended to have married the appellant. They started living together as husband and wife. During this time the appellant got pregnant twice, but was asked to abort the foetus in June, 2013 and May, 2014 respectively. Soon thereafter, respondent no.2 allegedly stopped meeting the appellant, thus, prompting her to lodge the FIR on 04.08.2014.

5. It appears that after investigation, a chargesheet under Sections 354A and 506 of IPC was filed. Instead of filing a Protest Petition against the dropping of certain charges by the Investigating Agency, the appellant was advised to move an application under Section 173(8) of Cr.P.C., in which she averred that there was ample material to establish the performance of marriage between her and respondent no.2 and/or that they had been staying together as husband and wife. It was specifically pointed out that respondent no.2 was already married to one Ms. Meena and, thus, was ineligible to marry the appellant during the subsistence of his first marriage.

6. The Judicial Magistrate, vide impugned order dated 14.12.2020, declined to entertain the appellant’s application under Section 173(8) of Cr.P.C. She then approached the High Court and vide the impugned order, her Criminal Revision was summarily dismissed on the ground that the recourse under Section 173(8) of Cr.P.C. was not available/attracted.

7. The aggrieved appellant is before us. The office report suggests that respondent no.2 has been duly served; however, he has not entered appearance.

8. We have heard learned counsel for the appellant as well as the learned State counsel and perused the record.

9. It is true that the prescribed and appropriate recourse for the appellant would have been to submit a Protest Petition against the chargesheet filed by the Investigating Officer, in which the second respondent was not put up for trial for offences under Sections 376, 417 and 420 of IPC. The appellant, instead, moved an application captioned as “under Section 173(8) of Cr.P.C.” The averments made in that application reveal that the appellant protested against deletion of charges under Sections 376, 417 and 420 of IPC and she made an endeavour to bring on record the mate