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2004 Supreme(Mad) 135

A.PACKIARAJ
Solaimuthu – Appellant
Versus
State rep. by Inspector of Police & Another – Respondent


Advocates Appeared:For The Petitioner:G.R.Swaminathan, Advocate. For The Respondents:V.Arul, Government Advocate.

Judgment :-

This revision has been filed against the order passed by the Judicial Magistrate, Perambalur in Crl.M.P.No.1990 of 2002 in Crime No.30 of 2001, allowing the petition filed under Section 53 Cr.P.C by the respondent herein and directing the petitioner herein to appear for the appropriate Medical Officer for Test according to the convenience.

2. The circumstances under which the said order came to be passed is as follows:

A complaint was given by the second respondent herein against the petitioner on 14.03.2001 stating that she was the resident of Badangi South Street. That about 10 years prior to the filing of the case, she was married to one Devaraj and they were residing at Badangi. It is further stated that at the time of their existence of marital bond, her brother by name Dharmadurai was also staying along with them. While that being so, there appears to have been quarrels between her and the said Devaraj, in view of the fact that she was impotent to conceive a child. Further, it is averred in the complaint that she was sent out of the matrimonial abode many times and was taken back. On one such occasion, when she along with her brother had been to the house of her hu












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