SWAROOP SINGH Vs. KULWINDER KAUR

JUDGEMENT

(1.) By this petition the petitioners, Swaroop Singhand Ishwar Singh, assails the legality of the order dated December 7, 1981 passed by the Metropolitan Magistrate, Delhi, taking cognizance of an offence under Section 494 read with.Section 120B of the Indian Penal Code and summoning the accused, namely, the petitioners and others.

(2.) Smt. Kulwinder Kaur, respondent herein, filed a complaint under Sections 494 and 120B of the Indian Penal Gode. It was averred that she was married to Kulwinder Singh (respondent No. 1 in the complaint) on November 11, 1978 according to Hindu (Sikh) rites at Delhi. The marriage was consummated and they lived together as husband and wife at Delhi upto January 1979 when Kulwinder Singh left of Dubai. He returned to Delhi in September 1981, did not meet the petitioner and, on the Other hand, in conspiracy with the present petitioners, married Smt. Babli on November 8, 1981. She was informed of this fact when she came back from Punjab where she had gone to meet her relatives. She went to the residence of her husband and herself saw Smt. Babli living as wife of her husband.

(3.) In support of the complaint she examined two witnesses, including herself. On examining the statements of the complainant and the witness, Rattan Singh, the Metropolitan Magistrate took cognizance of the case and directed summoning of the four accused, including the petitioners.