THOMAS
varghese – Appellant
Versus
annamma – Respondent
1. Facts may be stranger than fiction. The allegation in this case sounds like a fiction, in that a mother who crossed the age of fifty left her husband, sons and daughters-in-law and she eloped with a young man. The aggrieved husband complained to the Magistrate. The complaint was forwarded to the police under S.156(3) of the Code of Criminal Procedure (for short'the Code'). The police, after investigation sent up a final report for offences under S.406, 498 and 109 of the IPC. against the woman and her alleged paramour. The trial Magistrate later dropped S 498 of the IPC. from the charge when be discovered that cognizance of the said offence should not have been taken on a police report. This revision petition is filed by the husband against the order refusing to take cognizance of the offences under S.497 and 498 of the Penal Code.
2. According to the petitioner, his wife Annamma (first respondent) was found missing on 6-2-1984 and after hectic search he came to know that she was enticed away by the second respondent and that the first respondent misappropriated some gold ornaments which the petitioner gave to her. The further allegation is that both the respondents h
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