GHANSHYAM GAUTAM Vs. VIMLA DEVI & ANOTHER

JUDGEMENT

(1.) Heard Sri S. K. Mehrotra, learned counsel for the petitioner and Sri Shiv Nath Tilhari, learned AGA for the State. Opposite party no.1 represented through Sri Raj Priya Srivastava, who did not appear before the Court.

(2.) This petition has been filed challenging the order dated 28.5.2007 passed by learned Chief Judicial Magistrate, Ambedkar Nagar in Complaint No.2735 of 2004 whereby an application for discharge under Sec. 245 Crimial P.C. was rejected and the order dated 28.2007 passed by learned Sessions Judge, Ambedkar Nagar in Criminal Revision No. Nil of 2007 dismissing the revision on the ground that the revision is not maintainable.

(3.) Learned counsel for the petitioner submits that the learned Magistrate has erred in rejecting the application for discharge moved under Sec. 245 Crimial P.C. It appears that the complaint was filed by opposite party no.1 under Sec. 494 Penal Code against the petitioner stating that the petitioner has solemnized the second marriage with one Manorama in March 200 This allegation is made in para no.2 of the complaint. In order to substantiate the complaint, complainant was herself examined before the Magistrate under Sec. 244 Crimial P.C. wherein it is stated that the petitioner has remarried with one Manoram and Ram Tapeser and Nilam daughter of petitioner and opposite party no.2 were also produced as a witness under Sec. 244 Crimial P.C. wherein they have stated that Second marriage was performed by the petitioner.