DIGAMBAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) C. A. Rahim, J. This revision has been directed Against the judgment and order dated 9-7-1993 passed by the Xth Additional Sessions Judge, Agra, allowing Criminal Revision No. 253 of 1992 filed by Opposite Party No. 2 against the order dated 15-5-1992 passed by 1st A. C. J. M. Agra, dismissing the complaint under Section 203, Cr. P. C. in Criminal Case No. 1272 of 1991.

(2.) A complaint was filed before the learned Magistrate with the allegation that opposite party No. 1 committed bigamy in association with other applicants and married another lady, Smt. Usha by name. Opposite party No. 2 being complainant examined two witnesses under Section 202, Cr. P. C. and the learned Magistrate dis missed the petition of complaint under Section 203, Cr. P. C. presumably not being satisfied by the prima facie evidence being made out by opposite party No. 2.

(3.) THE revision is, therefore, allowed. THE order dated 9-7-1993 passed by the Additional Sessions Judge, Agra and 15-5-92 passeed A. C. J. M. , Agra are hereby set aside. THE learned Magistrate shall proceed with this case in view of the observations made above and decide according to the law. Be it mentioned that any observation with regard to the merit is strictly restricted for the disposal of the present revision which should or shall not influence the Magistrate while considering the prima facie case. Revision allowed. .