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2013 Supreme(Mad) 1362

S.PALANIVELU
P. Murugesan – Appellant
Versus
B. Gokila – Respondent


Advocates Appeared:
For the Petitioner:R. Murugesan, Advocate.
For the Respondent:Kavitha for M/s PVS Giridhar Associates, Advocate.

JUDGMENT

1. The following are the allegations contained in the Protest Petition filed by the petitioner:

The Court below has directed the Inspector of Police, Sirumugai Police Station, to investigate the private complaint filed by the petitioner. But the police did not file any report even though the petitioner sent two letters dated 19.6.2012 and 26.07.2012 which were received on 26.6.2012 and 28.7.2012 alongwith the above said private complaint copy and marriage registration certificate of respondent. The respondent has re-married on 25.02.2010 but on 11.11.2011 during the cross examination she told that she has not remarried. Hence, the Court may be pleased to direct the police to re-open and re-investigate the matter or direct the CBCID to investigate the complaint and file report.

2. Judicial Magistrate, recorded sworn statement of the petitioner and dismissed the petition stating that on going through the records and sworn statement, the only offence made out is under Section 193 IPC., that according to Section 195 Cr.P.C. this petitioner has no locus standi to file this complaint under Section 193 I.P.C. and hence the petition is not maintainable.

3. The petitioner/party-in-p






















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