RAMACHANDRA D L Vs. SUMITHRA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the respondents.

(2.) The respondent No.1 is making allegations that petitioner No.1 being her husband, and when their marriage is still in subsistence, the first petitioner has taken the second respondent as his second wife and got married her during the lifetime of the first respondent. She has also made various allegations against the complainant and stated that there are documents to establish the second marriage of the first petitioner with the second respondent before the trial Court. The learned Magistrate after going through the contents broadly coming to the conclusion that the allegations made in the complaint, are sufficient to attract Section 494 of IPC and taken the cognizance and proceeded to record the sworn statement of the complainant and her witnesses and thereafter tentatively came to the conclusion that it is a fit case to proceed against the accused by issuing process. Accordingly, Magistrate issued process u/s.204 of Cr.P.C. The said order passed by the learned Magistrate is called in question before this court.

(3.) The learned counsel for the petitioner though cited various rulings, but on going through the said rulings, it reveals that it is rendered after providing opportunity to the complainant to give proof of solemnization of the second marriage. He has also cited an un-reported decision of the Hon'ble Apex Court in Criminal Appeal No.574/2010, wherein the Hon'ble Apex Court has observed at paragraph 8 that