SUBHASH CHANDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant who submitted that on perusal of the complaint petition and the statements on oath of the complainant and her witnesses before the learned court below, it will reveal that there is no any cogent materials before the learned court below to hold prima facie that valid second marriage had taken place during the life-time of opposite party No. 2 who happens to be legally married wife of the applicant of this application before me. It is submitted that the order passed by the learned court below by which he issued sumons to the applicant should be set aside and the complaint case No. 238 of 1993 Phuljhari Devi v. Subhash Chandra Singh, under Section 494, I.P.C. pending in the court of VIII Addl. Chief Judicial Magistrate, Varanasi be quashed.

(2.) HEARD learned A.G.A. also, who submitted that prima facie there are materials for issuance of summons and evidences in details may be gone into at the time of trial only for due consideration for judgment/order. Moreover, if the applicant has been prejudiced, then he can agitate his grievance before the learned court below regarding cognizance and that petition should be disposed of by the learned court below according to law.

(3.) I have gone through the statements on oath made by the witnesses examined before the learned court below who stated categorically that accused had married for the second time though the complainant happens to be his first wife and their first marriage was valid marriage as all the rites and rituals of Hindu marriage had taken place. Complainant's other witnesses examined have also stated on oath naming some witnesses who had seen the second marriage performed by the accused applicant. So I do not find any infirmity in the impugned order passed by the learned court below by which he issued summons after taking cognizance under Section 494, I.P.C. and as such this petition must fail and it is accordingly rejected. Accordingly rejected.