SRI KRISHNA LAL Vs. SMT. USHA DEVI

JUDGEMENT

(1.) The learned Sessions Judge, Ballia, has made the instant reference to this Court. He has recommended that the order of the learned magistrate summoning the six accused persons to stand their trial be quashed and the learned magistrate be directed to return the complaint to the complainant as provided by Sec. 201 of the Code of Criminal Procedure.

(2.) The trial magistrate passed an order Under Sec. 204 of the Code of Criminal Procedure summoning the Petitioners to stand their trial Under Sec. 494 of the IPC.

(3.) On 22 -5 -1965 Smt. Usha Devi, opposite party, filed a complaint Under Sec. 494/112 of the IPC, against the Applicants in which she alleged that she was married to accused Madan Mohan Srivastava at Ballia on 10 -6 -1963. Soon after the marriage she was ill -treated and sent back to her father. Her ornaments were detained. The father of Smt. Usha Devi had a talk about the matter with the accused Ram Chander and accused Sri Krishna Lal who were the brothers of accused Madan Mohan Srivastava, the husband of the complainant. They, however, expressed their inability to take her back and eventually Madan Mohan Srivastava accused, in collusion with accused Nos. 3, 4, 5 and 6, married Smt. Sobha Rani, accused No. 2, at Lucknow on 30 -8 -1964. According to her Madan Mohan Srivastava had committed the offence of bigamy and the other five accused were guilty of abetment.