Vellapandi alias Maruthiah Thevar and others v. Annathaiammal and another
1975-03-31
S.RATNAVEL PANDIAN
body1975
DigiLaw.ai
Order.-This revision petition is directed against the order of the learned District Magistrate (J), of Tirunelveli, in Cr. R. P. No. 7 of 1973 on his file, setting aside the order passed by the learned Sub-Divisional Magistrate of Shen-cottah dismissing the complaint under section 203, Criminal Procedure Code, filed by the respondent complainant in C.C. 16 of 1073 against the petitioners for an offence under sections 494 and 109, Indian Penal Code, read with section 17 of the Hindu Marriage Act, on the allegation that the complainant is the lawfully wedded wife of accused-1 (first petitioner herein) and that while the said marriage between them is still subsisting; he married one Piramayee as his second wife and then he (accused-1) married accused 2 (second petitioner) about 1½ years ago, as. his third wife on the 12th of Ani, at 10 a.m. at Court all am and that accused 3 to 11 abetted the commission of the said offence of bigamy. 2. The learned District Magistrate, on setting aside the order of dismissal, passed an order remanding the case to the learned Sub-Divisional Magistrate, Kovil-patti, for further enquiry and disposal according to law. The petitioners herein who were arrayed as accused in the complaint, now challenge the order of the learned District Magistrate on the main ground that the lower Court, while exercising its revisional jurisdiction, ought to have given notice to the accused and heard them before passing the the final order, as the impugned order has diversely affected them. The other ground viz., that the complaint is filed after a delay of 1½ years and that the reasons given by the learned Sub-Divisional Magistrate, Shencottah, have not been discussed, is not pressed by the learned counsel for the petitioners in this revision petition. So, the only question before me is whether a notice should be given to the proposed accused in a proceeding on revision under Chapter XXXII of the Criminal Procedure Code. 3. In view of the observations made by the Full Bench of our High Court in Appa Rao v. Janaki Ammal1, followed in Thanikachala Mudali v. Ponnappa Mudali2, it cannot be said that the order of the District Magistrate setting aside the order of the learned Sub-Divisional Magistrate dismissing the complaint under section 203, Criminal Procedure Code, without issuing a notice to the petitioners herein is vitiated. 4. In the result, this revision petition is dismissed.