This petition has been filed to call for the records pertaining to the proceedings in M.C. No. 38 of 2015 pending on the file of the learned Chief Judicial Magistrate, Thiruchirappalli and quash the same.

2. Heard the learned Counsel appearing for the petitioner.

3. It appears that this petitioner had promised to marry the first respondent and had sexual relationship with her, on account of which a child has been born to the first respondent. On the complaint lodged by the first respondent, a case was registered against the petitioner in Cr. No. 4 of 2010 for the offences under Sections 417 and 376 I.P.C. This petitioner was convicted and sentenced by the Mahila Court, Tiruchirappalli in S.C. No. 112 of 2012 on 07.08.2012, challenging which this petitioner has filed a Criminal Appeal before this Court. While so, the first respondent has filed an application under Section 125 Cr.P.C. against the petitioner for maintenance.

4. The learned Counsel appearing for the petitioner submitted that the first respondent cannot maintain an application under Section 125 Cr.P.C., as she is not a wife within the meaning of the said provision.

5. This Court is unable to countenance this argument