MAHADEVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners along with other accused are sought to be prosecuted for the offences punishable under Ss. 143 , 147, 120(B), 494 read with Sec. 149 of IPC alleging that, the defacto complainant is the wife of the accused No.1, and during the subsistence of the first marriage, the accused No.1 contracted the second marriage with the accused No.2, and the accused Nos.4 to18 and 20 to 23 herein had attended the marriage. The learned Magistrate took the cognizance of the aforesaid offences on the basis of the final report submitted by the police. Hence, this petition by the accused Nos.4 to 18 and 20 to 23.

(2.) Heard the learned counsel for the parties.

(3.) Sec. 198 of Cr.PC deals with prosecution for offences against marriage, and specifies that, no Court shall take cognizance of an offence punishable under Chapter XX of IPC except upon a complaint made by some person aggrieved by the offence. Hence, the cognizance taken by the learned Magistrate on the basis of the report submitted by the police is one without authority of law. Therefore, the continuation of criminal proceeding against the petitioners - accused Nos.4 to 18 and 20 to 23 will be an abuse of process of law. Accordingly, I pass the following: