This is a petition for setting aside the discharge of the three accused in C.C.No. 3917 of 1949 on the file of the Fifth Presidency Magistrate, Madras. They had all been complained against under sections 494, 495 and 496 read with section 109, Indian Penal Code, by the petitioner, Mrs. Marthammal, and were discharged by the learned Presidency Magistrate under section 253 (1), Criminal Procedure Code.

The facts were briefly these. The petitioner Mrs. Marthammal was a Christian School mistress, aged 29, in September, 1943, when she met the first accused, Munuswami, a Hindu student, just past 18. She fell madly in love with him and began to have sexual intercourse with him. Her father and brother chided her for thus misconducting herself. Later on, she and her father and brother arranged with the first accused that he should become a Christian and marry the petitioner and thus regularise the illicit relationship between him and the petitioner. On 9th April, 1944, the first accused, Munuswami, was baptised and converted to Christianity by Rev. Moses, P.W.4, in the Perambur Telugu Baptist Church. P.W.3, the Deacon of the Church, was also present at the conversion. No intimation wa