ASHOK Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Sinha, J. Heard the learned Counsel for the petitioner and the learned A. G. A. Perused the impugned orders.

(2.) THE brief facts, giving rise to this petition are that Smt. Geeta, Respondent No. 2, filed a complaint under Section 494 IPC on the ground that she was married with the petitioner on 10-7- 1999 but after her two days stay, she was turned out of the house. Later on, the petitioner married with Km. Reena on 8-3- 2000 without any divorce from the complainant Smt. Geeta. In support of her complainant she examined herself and two witnesses Rajkumar and Narendra. THE Magistrate passed the summoning order on the complaint whereupon the accused filed an objection against the summoning order which was rejected by the order dated 30-4- 2002. THE petitioner filed a revision against the said order which was also dismissed by the order dated 10-12-2002. THE present petition has been filed for quashing the summoning order dated 17-6-2000 the order dated 30-4-2002 rejecting the objection of the petitioner and the order dated 10-12-2002 dismissing the revision of the petitioner.

(3.) THE learned Counsel for the petitioner further relied upon the case of Smt. Urmila v. State of U. P. and others, reported in U. P. Criminal Rulings page 382, wherein the entire prosecution evidence was exhausted. THE accused-husband was convicted and his appeal was allowed by the Sessions Judge and accordingly the revision was dismissed by this Court holding that there was no legal evidence of second marriage.