LAWS(ALL)-1992-12-23

MOHD SIDDIQ Vs. STATE OF U P

Decided On December 02, 1992
MOHD SIDDIQ Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) J. P. Semwal, J. By this application under Section 482, Cr. P. C. the applicant has prayed for quashing the order of the Courts below whereby opposite parties Nos. 2 to 11 were discharged.

(2.) IN brief, the facts leading to the present application are very short. The applicant, Mohd. Siddiq was married to one Smt. Afsana Begum, d/o. Suleyman (non-party) on 4-8-1975. The applicant filed a complaint (vide copy of the complaint, Annexure A) against said Smt. Afsana Begum alongwith opposite parties Nos. 2 to 11 under Sections 494, 495 and 109,1. P. C. with the allegation that in spite to the existing marriage of Smt. Afsana Begum married Naim Khan alias Chhiddan, opposite party No. 1, on 17- 6-1979 at the house of accused Abdul Rashid, opposite party No. 5 of Mohalla Hoganj, City Etawah. It is alleged in Para 7 of the complaint that accused Nos. 1, 2, 3 and 4 with the connivance of other accused persons Nos. 5 to 11 settled the marriage of accused No. 2 with accused No. 1. The accused Nos. 3 and 4 are parents of accused No. 2 Smt. Afsana Begum and opposite party No. 5, Abdul Rashid, is the owner of the house where the marriage was performed accused No. 6 Habib Ahmad, was a Vakil in the marriage accused Nos. 7 and 8 were the witnesses of the Nikah and accused Nos. 9 to 11 participated in the per formance of the said alleged marriage other averments are not relevant for the purposes of this petition.

(3.) IT is thus quite clear from the said authority that merits and demerits of the orders of the courts below, which has been the subject-matter of revision cannot be gone into in the present proceedings. Learned counsel for the applicant could not show any authority contrary to H. K. Rawal's case (supra ).