The requirement of an affidavit in applications under Section 156(3) Cr.P.C. is procedural, and failure to include one does not render the judicial order illegal if prima facie evidence supports it.

ORDER :

R.Vijayakumar, J.

The present petition has been filed by the accused persons in C.C.No. 41 of 2023 on the file of the Judicial Magistrate, Uthamapalayam seeking to quash the charge sheet wherein they have been charged with the offences under Section 111 , 120(b), 294(b), 326, 340, 383 and 506(ii) I.P.C.

2.A perusal of the charge sheet reveals that the defacto complainant is the husband of the 1^st accused and accused Nos.2 and 3 are his parents-in-law and accused Nos.4 and 5 are his brothers-in-law.

3.The charge sheet further reveals that all the accused persons have threatened and abused the defacto complainant to transfer the properties in the name of the 1^st accused who is the wife of the defacto complainant. On 26.05.2020, when the defacto complainant had entered the house and requested his wife to provide buttermilk, he found that it was sour, half an hour after consumption of the same, he had experienced stomach pain and when he informed his wife that he would like to go hospital, the wife had closed the room. When the defacto complainant enquired about the same, the 1^st accused is alleged to have told him that only if you die, I will get the property. Thereafter, the defacto complainant is said to have raised an alarm and neighbours came there and broke open the door and admitted the defacto complainant to Uthamapalayam Government Hospital.

4.As per the charge sheet, when the defacto complainant returned back home, it was found that the 1^st accused (wife) had taken back all the jewels and sarees from home along with her son. Therefore, the accused persons have in connivance with each other, with a criminal intention to grab the properties and to commit the murder of the defacto complainant by adding ant killer power and 20 sleeping tablets in the Kabasura Water which was given to him instead of buttermilk.

5.The learned counsel appearing for the petitioners had raised the following grounds for quashing the charge sheet.

a) The 1^st accused had filed a criminal case in Crime No.8 of 2018 as against the defacto complainant and it was charged in C.C.No.388 of 2019 on the file of the Additional Mahila Court (Judicial Magistrate Level), Madurai for the alleged offences under Sections 498(A) and 406 I.P.C. The 1^st accused has also filed DVOP.No.33 of 2018 before the Additional Mahila Court, Madurai. The defacto complainant tendered apology and agreed to live along with the petitioner and requested to withdraw the cases. Therefore, a compromise petition was filed in Crl.OP(MD).No.4396 of 2020 and the same was allowed on 11.03.2020 quashing the charge in C.C.No.388 of 2019. b)The learned counsel for the petitioners had further submitted that after quashing of the charge sheet, the defacto complainant had enacted a drama as if he was administered with poison on 26.05.2020. He further submitted that on 26.05.2020, the 1^st petitioner has lodged a complaint before the police officials and the same was transferred to the Deputy Superintendent of Police, Uthamapalayam and enquiry was conducted on 09.06.2020. The 1^st petitioner had also filed an application before this Court to recall the order passed in Crl.OP(MD).No.4396 of 2020. Suppressing these facts, the defacto complainant has lodged the police complaint.

c)The learned counsel for the petitioners had further stated that the defacto complainant had filed a petition under Section 156 (3) Cr.P.C before the Judicial Magistrate Court, Uthamapalayam seeking to register an F.I.R. based upon the alleged incident dated 26.05.2020. Only based upon the orders of the Court, the present F.I.R has been registered on 14.09.2020 in Crime No.1791 of 2020 which has culmi