STATE Vs. GANGAMMA A 4

JUDGEMENT

(1.) This is a reference under S. 438 of the Code of Criminal Procedure, made by the Second Additional Sessions Judge, Shimoga, who on examining the records in C.C. No. 2099 of 1963 on the file of the Special First Class Magistrate, Sagar, felt that the order passed by the learned Magistrate on 25-2-1964 was erroneous.

(2.) Respondent 2 in this revision case filed a complaint before the Special First Class Magistrate, Sagar, against respondents 1 and 3 to 6 in this revision case who were arraigned as accused 1 to 4. The complainant was the elder brother of Jayalakshmiyamma who was admittedly the wife of Accused 1, Venkataramana. It was alleged in the complaint that even when Jayalakshmiyamma was alive, accused 1 married another woman by name Vedavathiamma on 25-4-1963. The other accused are alleged to be the abettors of this bigamous marriage. Jayalakshmiyamma, wife of accused 1 is alleged to have married Vedavathiamma. After the death of Jayalakshmiyamma, her brother filed the complaint on 2-12-1963.

(3.) After the accused appeared before Court, accused 4 Gangamma, filed an application before Court questioning the maintainability of the complaint on the ground that the complainant was not the aggrieved person and hence the Court could not take cognizance of the offence punishable under S. 494 of the . The learned Magistrate overruled the objection by his order dated 25-2-1964. Accused 4 Gangamma filed revision petition before the Second Additional Sessions Judge who has doubted the correctness of the order made by the learned Magistrate and has made this reference.