ORDER :

1. Can an aggrieved party directly file a private complaint under Section 200 of Cr.P.C. before the jurisdictional Magistrate in relation to offences enumerated in Clause (b) of Sub Section (1) of Section 195 of Cr.P.C.? This is the short question that falls for consideration in this Crl.M.C.

2. The petitioner claims to be the legally wedded husband of the respondent No.1, which is disputed by the latter. However, the fact that, they were in relationship is not in dispute. A crime was registered by the Payyoli Police Station as Crime No.390/2014 under Section 376(2)(n) of the IPC against the petitioner based on the complaint preferred by the respondent No.1. The allegation was that the petitioner committed rape on the respondent No.1 on false promise of marriage. After investigation, final report was filed and ultimately the petitioner was acquitted, as evident from Annexure 6 judgment. During the pendency of the above case, the petitioner filed original petition as O.P.No.259/2014 at the Family Court, Thalassery (for short, 'the Family Court') against the respondent No.1 for restitution of conjugal rights alleging that, she is his legally wedded wife. In the said proceeding