1966 Supreme(Mad) 52
RAMAKRISHNAN
Vasantha Krishnaswami – Appellant
Versus
M. S. Krishnaswami – Respondent
Advocates:
Keshavlal Tarwady, for Petitioner; K. N. Balasubramaniam, for Respondent; K. A. Panchapakesan for the Public Prosecutor, for the State.
ORDER :- Vasantha Krishnaswami has filed a complaint of bigamy against her husband, Krishnaswami, under Section 494 I. P. C. The complainant alleged that she was married validly under the Hindu law sometime in 1960. Thereafter her husband married a girl called Virija, on 11th November 1964 at Avalur in North Arcot district. The complaint was filed in the court of the Fourth Presidency Magistrate, G. T. Madras, who took the case on file. The complainant's first witness, P. W. 1, was examined. He deposed that he was present at the second marriage at Avalur where it was performed under the Hindu rites. At that stage a petition was filed by the husband, the accused, stating that the complaint should have been instituted in the court having jurisdiction over Avalur, and not in the City of Madras, and therefore the Presidency Magistrate has no jurisdiction to proceed with the case. S. 177 of the Criminal Procedure Code was relied upon. The learned Presidency Magistrate upheld this technical objection and directed the return of the complaint to the complainant under S. 201 of the Criminal Procedure Code, for being filed in the court of proper jurisdiction. Against this direction, the comp
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