PONNAL ALIAS KALAIYARASI Vs. RAJAMANICKAM

JUDGEMENT

(1.) Ponnal alias Kalaiyarasi has filed this revision against the order dated 10-1-1997 passed in C.M.P. No. 670 of 1996 on the file of the Judicial Magistrate-II's Court, Metturdam, dismissing her private complaint under Section 203, Cr.P.C.

(2.) Mr. Mani, the learned counsel appearing for the petitioner would submit that the learned Magistrate dismissed the complaint as if no case has been made out under Section 494, I.P.C., merely because the complainant and her witnesses have not deposed about the place and manner of the performance of the marriage, which approach is erroneous inasmuch as the lower Court should not conduct the enquiry at the trial and ask the complainant to establish her case beyond reasonable doubt, at the preliminary enquiry itself.

(3.) Mr. R. Subramania Aiyar, the learned counsel appearing for the respondents 1 to 12 would submit in justification of the imugned order passed by the lower Court, that order is valid.