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2012 Supreme(Mad) 3157

S.NAGAMUTHU
Deepalakshmi – Appellant
Versus
K. Murugesh rep. – Respondent


Advocates appeared:
For the Petitioners:V. Gopinath, Sr. Counsel for R. Thiagarajan, Advocate.
For the Respondents:R. Shanmugasundaram, Sr. Counsel for R1 -J. Sudhakaran, Advocate.

Judgment :-

"Can a power of attorney holder of an aggrieved person file a complaint in respect of matrimonial offences under Chapter XX of the Indian Penal Code?" This is one of the important questions to be dealt with in this case.

2. The petitioners in Crl.O.P.No.27285 of 2010 are the accused 1, 3 and 4 and the petitioners in Crl.O.P.No.27329 of 2010 (Respondents 2 and 3 in Crl.O.P.No.27285 of 2010) are the accused 2 and 5 in C.C.No.303 of 2010 on the file of the learned Judicial Magistrate No.I, Coimbatore. This case was instituted on a private complaint filed by the first respondent in Crl.O.P.No.27285 of 2010, who is the sole respondent in Crl.O.P.No.27329 of 2010. These petitions have been filed seeking to quash the case in C.C.No.303 of 2010. Since these two petitions relate to one and the same case, they were heard together and they are disposed of by means of this common order.

3. The complaint before the lower Court has been filed by one Mr.K.Murugesh through his power of attorney holder Dr.A.R.Kasilingam. The complainant Mr.Murugesh is the husband of the first accused. The marriage between them was solemnised on 22.08.1999 at Trichy. After the marriage, the complainant





















































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