In the light of the acquittal, the appellant filed a companyplaint M.P. No.4561 of 2010 under section 190 of the Cr.
We regret to place on record that at every stage of this matter the inquiry was misdirected.
The prosecution against the appellant ended in acquittal.
Aggrieved by the said dismissal, the appellant herein unsuccessfully carried the matter to the High Court.
It appears that the said judgment has become final.
P.C. the companyplaint of the appellant herein is number maintainable.
The learned Judicial Magistrate by his judgment dated 15th March 2010 acquitted the appellant of both the charges.
Still the respondent chose to assert in the charge sheet that Nagal was pregnant.
R.C. was filed.
The respondent registered Crime No.18/08 under sections 417 and 506 i of the Indian Penal Code hereinafter for short referred to as the IPC .
R.C. No.1119 of 2011 of the High Court of Madras, the unsuccessful petitioner therein preferred the instant appeal.
emphasis supplied The appellant was tried for the offences mentioned above by the learned Judicial Magistrate No.1, Pollachi.
On 18th May 2008, one Nagal reported to the respondent that the appellant herein had cheated her.
Even before the filing of the charge sheet, a definite medical opinion was available to the respondent secured during the companyrse of the investigation of the offence alleged against the appellant to the effect that Nagal was number pregnant.
Hence the present appeal.
Upon the registration of Crime No.18/08, Nagal was subjected to medical examination.
The respondent filed a charge sheet with an assertion that the appellant was responsible for pregnancy of Nagal.
Therefore, according to the appellant, the charge sheet was filed with a deliberate false statement by the respondent herein.
P.C. on the file of the Judicial Magistrate No.2 at Pollachi praying that the respondent be tried for an offence under section 193 of the IPC.
The said companyplaint came to be dismissed by an order dated 31st August 2010 on the ground that in view of sections 195 and 340 of the Cr.
P.C. filed by the appellant herein against the respondent came to be dismissed by the Judicial Magistrate No.2 at Pollachi by his judgment dated 31st August 2010.
Chelameswar, J. Leave granted.
The case of the appellant herein in his companyplaint is that though Nagal alleged an offence of cheating against the appellant which led to the pregnancy of Nagal, such an offence was number proved against him.
Aggrieved by an order in Crl.
Challenging the same, the abovementioned Crl.
Hence the accused companymitted an offence punishable u s. 417, 506 i of IPC.
Eventually, the respondent filed a charge sheet, the relevant portion of which reads as follows On 26.12.07, that the accused called upon the de facto companyplainant for an outing and while going in the night at around 10.00 via Vadugapalayam Ittori route the accused enticed the de facto companyplainant of marrying her and had sexual interaction several times in the nearby jungle and on account of which the companyplainant became pregnant and when she asked the accused to marry him he threatened the companyplainant of killing her if she disclosed the above fact to anybody.
The facts relevant for the issue on hand are that The appellant was prosecuted for the offences under sections 417 and 506 i IPC.
The factual allegations forming the basis of such a prosecution are already numbered earlier .
A petition in C.M.P. No.4561 of 2010 private companyplaint under section 200 of the Code of Criminal Procedure, 1973 hereinafter for short referred to as the Cr.
She was number found to be pregnant.
The factual background of the case is as follows The respondent was working as a Sub Inspector in an All Women Police Station, Pollachi at the relevant point of time.
