MANJU VERMA Vs. STATE

JUDGEMENT

(1.) THESE petitions under Section 482 Cr.P.C. have been preferred by the petitioners praying for setting aside the order dated 07.05.2011 passed by the learned Addl. Sessions Judge (North-West, Rohini) whereby the learned ASJ ordered for summoning the petitioners for committing the offences punishable under Sections 494/109 IPC. In Crl.M.C.No.4249/2011, the petitioners are Sushma Gupta (A-10), mother of Amit Gupta main accused who allegedly committed bigamy by marrying Jyoti Rajput @ Jyoti Verma(A-2) during subsistence of his marriage with the complainant/respondent No.2 Manjari Gupta. Petitioners No.2 and 3 are Nisha Jain (A-9) and Kusum Garg (A-11), who are the real sisters of Amit Gupta.

(2.) THE second petition being Crl.M.C.No.2510/2011 has been filed by Smt.Manju Verma (A-4), Surya Dev Verma (A-3), who are parents of Jyoti Rajput @ Jyoti Verma (A-2), the alleged second wife of Amit Gupta. Petitioner No.3 Gaurav Verma (A-5) is the brother of Jyoti Verma (A-2), who remained unnamed in the complaint filed by respondent No.2 Smt.Manjari Gupta @ Anjali Gupta, first wife of Amit Gupta. In exercise of her revisional jurisdiction, these petitioners have also been ordered to be summoned by the learned ASJ for committing the offences under Sections 494/109 IPC.

(3.) THE learned MM vide the impugned order dated 01.09.2009, after discussing the case law on the subject, was of the view that there was sufficient material for proceeding against the accused No.1 Amit Gupta for the offence punishable under Section 494 IPC and accused No.2 Jyoti Rajput for the offence under Section 494 read with Section 109 IPC. Further, in view of the other allegations made in the complaint, accused No.1 Amit Gupta was also ordered to be summoned for the offences under Section 341/506 (Part-I) IPC. Accused No.12 Tarun Chawla, who brought the pandit for the marriage, was also summoned for the offence under Section 494/109 IPC. However, finding no sufficient material, other respondents arrayed as accused in the complaint i.e. A-3 to A-11, A-13 & A-14 were not summoned by the learned M.M for any of the offences complained of.