SMT. KANWALDEEP KAUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) section 202 of the Crimial P.C., 1973 reads as under :-

(2.) The provisions as quoted above contemplate that a Magistrate on the receipt of the complaint, in order to go into its propriety and for taking a congnizance to the complaint, he shall for the purposes of looking to the veracity of allegation and satisfying itself before issuing the process has a power vested to resort to the procedure under Sec. 202 Crimial P.C., 1973 In the instant case, the applicants argument is that it is this provision which is contended to have been violated by the Civil Judge (S.D.)/ACJM, Kashipur, District Udham Singh Nagar while passing the impugned order dated 28th Nov., 2017, summoning the present applicant for the alleged commission of offence under Sec. 494 registered as a Compliant Case, being Complaint Case No. 3915 of 2017, Sahab Singh Vs. Smt. Kanwaldeep Kaur, in which, she has been summoned by the Court.

(3.) The allegations by the respondent husband, as against the present petitioner is that during the subsistence of the first marriage, she has soleminized second marriage which would be bigamy and the proceedings thereof regarding second marriage and its effect, after being decided against her is pending consideration in C482 Application before the Allahabad High Court. There had been other collateral proceedings by way of 498-A and 323 Penal Code as well as the proceedings under Sec. 31 of the Domestic Violence Act, which has been initiated by the present applicant which is independently proceeding, with which this Court is not at all presently concerned with. The only issue with which, this Court is presently concerned in this case is what would be the effect of the impugned order, as to whether the petitioner could be said prima facie accused of Sec. 498-A or not. The allegations are that she had solemnized the second marriage with one Mr. Paramjit Singh on 23rd Oct., 2016 though this fact stand denied by the present applicant by contending to the contrary.