TULSAMMA Vs. JAGANNATH

JUDGEMENT

(1.) BY the impugned order, the court below has dismissed the complaint filed by the petitioner as not maintainable.

(2.) THE records disclose that the petitioner herein had, lodged the complaint (hereinafter referred to as first complaint) under Section 200 Cr PC, before the Court below, alleging offences punishable under Sections 494 and 495 of IPC against the respondents, inter-alia contending that the 1st respondent had married the 2nd respondent herein during the subsistence of first marriage between the petitioner and the 1st respondent herein. The said complaint was registered as C. C. No. 844/1995 (P. C. No. 13/1995 ). During the pendency of the trial in C. C. No. 844/1995, the petitioner the complainant remained absent on the date of hearing and consequently the said complaint was dismissed for non-prosecution on 4-12-2000. The complainant made an application for recalling the order of dismissal for default. That application was also dismissed. However, the petitioner filed one more private complaint subsequently (hereinafter called as second complaint) alleging similar facts relating to the offence of bigamy as were alleged in the first complaint. The second complaint is registered as P. C. No. 77/2001. The Trial Court by the impugned order dated 3-12-2003 dismissed the said second complaint as not maintainable in view of the order of dismissal of earlier complaint, for non-prosecution.

(3.) THE respondents though served with notices have remained absent.